G.R. Nos. 182978-79
14 of 19
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/182978-79.htm
must be vigilant for his protection.
Clearly, Rajab, Becmen and White Falcons acts and omissions are against public policy
because they undermine and subvert the interest and general welfare of our OFWs abroad, who
are entitled to full protection under the law. They set an awful example of how foreign
employers and recruitment agencies should treat and act with respect to their distressed
employees and workers abroad. Their shabby and callous treatment of Jasmins case; their
uncaring attitude; their unjustified failure and refusal to assist in the determination of the true
circumstances surrounding her mysterious death, and instead finding satisfaction in the
unreasonable insistence that she committed suicide just so they can conveniently avoid
pecuniary liability; placing their own corporate interests above of the welfare of their
employees all these are contrary to morals, good customs and public policy, and constitute
taking advantage of the poor employee and her familys ignorance, helplessness, indigence and
lack of power and resources to seek the truth and obtain justice for the death of a loved one.
Giving in handily to the idea that Jasmin committed suicide, and adamantly insisting on
it just to protect Rajab and Becmens material interest despite evidence to the contrary is against
the moral law and runs contrary to the good custom of not denouncing ones fellowmen for
[30]
alleged grave wrongdoings that undermine their good name and honor.
Whether employed locally or overseas, all Filipino workers enjoy the protective mantle
of Philippine labor and social legislation, contract stipulations to the contrary notwithstanding.
This pronouncement is in keeping with the basic public policy of the State to afford protection
to labor, promote full employment, ensure equal work opportunities regardless of sex, race or
creed, and regulate the relations between workers and employers. This ruling is likewise
rendered imperative by Article 17 of the Civil Code which states that laws which have for their
object public order, public policy and good customs shall not be rendered ineffective by laws
or judgments promulgated, or by determinations or conventions agreed upon in a foreign
[31]
country.
[32]
The relations between capital and labor are so impressed with public interest,
and
neither shall act oppressively against the other, or impair the interest or convenience of the
[33]
public.
In case of doubt, all labor legislation and all labor contracts shall be construed in
[34]
favor of the safety and decent living for the laborer.
The grant of moral damages to the employee by reason of misconduct on the part of the
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