On appeal by the petitioner, the NLRC set aside the Decision of the Labor
Arbiter, to wit:
WHEREFORE, premises considered, the appealed decision
is Vacated and Set Aside. In lieu thereof, a new judgment is rendered, dismissing
the above-entitled case for lack of cause of action.
SO ORDERED.[7]
Aggrieved, respondent filed a Petition for Certiorari under Rule 65 in the
Court of Appeals which set aside the Resolution of the NLRC, and reinstated with
modifications the Decision of the labor arbiter. The appellate court held that there
was a diminution of respondent’s salary – from a rate of US$370.00 to SR 800.00
per month in clear violation of Section 10 of R.A. No. 8042.
As to the alleged incompetence of respondent, the appellate court noted that
said allegation has not been substantiated hence should not be given any
credence. Thus, for failure of petitioner to show just cause for the demotion of
respondent, the appellate court granted the petition, set aside resolution dated
November 24, 2000 of the NLRC, and reinstated the decision of the Labor Arbiter
dated May 31, 2002, the dispositive portion of which follows:
WHEREFORE, premises considered, the petition is GRANTED. The
assailed Resolution dated 24 November 2000 of the NLRC, Fifth Division is SET
ASIDE and the Decision of the Labor Arbiter dated 31 May 2002
is REINSTATED and AFFIRMED with modifications. The exchange rate
shall be that prevailing at the time of actual payment. Private respondent,
PLACEWELL INTERNATIONAL SERVICES CORPORATION is hereby
ordered jointly and severally liable to pay petitioner, IRENEO B. CAMOTE the
following:
Per POEA approved contract or $370.00 x (rate of exchange at the time of actual
payment) x 24 months = Total salary in the original contract
Less:
Salary as Modified or SR 800 x P12.00 x 24 months = P230,400.00
Less:
Unauthorized Deductions or SR 4,885 x P12 = P171,780.00
P 58,620.00
Less:
Unpaid placement fee
Equals:
Total unpaid salary
Add:
Attorney’s fees or 5% of the total unpaid salary