6/7/2020
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Serrano v. Gallant Maritime Services, Inc.,[61] which held that the clause "or for three
months for every year of unexpired term, whichever is less" is unconstitutional, reads:
Section 10. Money claims.- x x x
xxxx
In case of termination of overseas employment without just, valid or
authorized cause as defined by law or contract, or any unauthorized
deductions from the migrant worker's salary, the worker shall be entitled to
the full reimbursement of his placement fee and the deductions made with
interest at twelve percent (12%) per annum, plus his salaries for the
unexpired portion of his employment contract or for three (3) months for
every year of the unexpired term, whichever is less.[62]
Finally, the Court affirms the grant of attorney's fees of ten percent (10%) of the total
award pursuant to Article 111 of the Labor Code.[63]
WHEREFORE, the petition is DENIED. The Decision dated January 31, 2013 and the
Resolution dated April 22, 2013 rendered by the Court of Appeals in CA-G.R. SP No.
123369 are hereby AFFIRMED with MODIFICATION in that petitioners are ordered
to pay respondent (1) his placement fee and the deductions made, with interest at
12% per annum, (2) his salaries for the unexpired portion of his employment contract,
and (3) attorney's fees of 10% of said award.
SO ORDERED.
Sereno, C.J., (Chairperson), Leonardo-Castro, Del Castillo, and Perlas-Bernabe, JJ.,
concur.
[1] Rollo, pp. 9-26.
[2] Id. at 28-46. Penned by Associate Justice Fernanda Lampas Peralta, with Associate
Justices Francisco P. Acosta and Angelita A. Gacutan concurring.
[3] Id. at 49-50. Penned by Associate Justice Fernanda Lampas Peralta, with Associate
Justices Angelita A. Gacutan and Victoria Isabel A. Paredes concurring.
[4] Id. at 87-99. Penned by Commissioner Napoleon M. Menese, with Presiding
Commissioner Raul T. Aquino and Commissioner Teresita D. Castillon-Lora concurring.
[5] Id. at 101-102.
[6] Id. at 29.
[7] Id.
[8] Id. at 104-105.
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