6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, premises considered, complainant's complaint is meritorious as she was illegally terminated by respondents. Respondents La Suerte International Manpower Agency, Domestic Services International and Debbie S. Lao, are jointly and solidarity liable to pay complainant Lorelei O. Iladan the following monetary awards, to wit: 1. Refund of complainant's placement fee of P90,000.00 plus 12% per annum; 2. Payment of complainant's 24 monthly salary based on the contract at HK$3,580.00 per month or its Philippine Peso equivalent less the P35,000.00 given as financial assistance; 3. Moral damages of P100,000.00; 4. Exemplary damages of P30,000.00; 5. Attorney's fee of 10% of the total monetary award. SO ORDERED.[16] Ruling of the National Labor Relations Commission On appeal with the NLRC, respondents averred that the Labor Arbiter erred in holding that the resignation was not voluntary. They claimed that Iladan's unsubstantiated allegations of harassment and coercion cannot prevail over a waiver and a settlement which were verified by the Philippine Consulate officials in the regular performance of their duties. They also insisted that there was no credible proof that placement fee was paid. In a Resolution[17] dated February 23,2011, the NLRC dismissed the appeal and affirmed the Labor Arbiter's judgment. The NLRC observed that respondents' dismissal was without just cause and due process since no specific reason was given for Iladan's alleged voluntary resignation. The NLRC found credible Iladan's claim that the amount she received from respondents as financial assistance was not a settlement but an enticement for her to leave her workplace. Further, the NLRC ruled that while the Affidavit of Release, Waiver and Quitclaim and the Agreement were executed before Consular officials, it cannot be presumed that the consular officials regularly performed their duties because respondents failed to adduce proof that the contents of these documents were fully explained in the language known to Iladan. The NLRC noted that respondents' general denial that placement fee was paid cannot prevail over the positive allegations of witness supported by evidence. Respondents filed a motion for reconsideration which was denied in the NLRC Resolution[18] of March 31, 2011. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61554 3/8