6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
This Office finds the repatriation of complainant to the Philippines NOT A
DISMISSAL BUT AS A RESULT OF THE LAWS AND REGULATIONS OF THE
COMMONWEALTH OF NORTHERN MARIANA ISLANDS AS PROVIDED FOR IN
THE AUTHORIZATION FOR ENTRY.
xxxx
Although complainant has not served the twelve (12) months period stated
in the Contract of Employment, the Employer has no other alternative but to
repatriate complainant otherwise, the employer could be liable for violation
of the Commonwealth’s Immigration Rules x x x.
xxxx
WHEREFORE, in view of the foregoing, the instant complaint is hereby
DISMISSED lack of merit.[10]
Naluis appealed to the NLRC, which found that Centro Project had no choice but to
terminate the employment contract because the AE issued by the Department of Labor
and Immigration of Northern Mariana Islands had limited his stay in Northern Marianas,
and that his employment had expired on May 13, 1998 as explicitly provided in the
employment contract executed between him and Centro Project. The NLRC thus
disposed:
WHEREFORE, in view of the foregoing, this Commission resolves to affirm
the Decision of the Labor Arbiter and dismiss the instant appeal for lack of
merit.[11]
Naluis assailed the decision of the NLRC in the CA.
On April 23, 2009, the CA promulgated its judgment setting aside the decision of the
NLRC, holding that the AE did not have any effect on Naluis’ employment status; that
the AE did not limit his stay in Northern Marianas; and that, consequently, Centro
Project had breached the contract by ordering his repatriation. The CA decreed as
follows:
WHEREFORE, the petition is GRANTED. The assailed decision is
REVERSED and SET ASIDE, and a new one entered DIRECTING the private
respondent to pay the petitioner the following:
a) Four (4) months salary corresponding to the unpaid portion of his
contract at $520.00 (Five Hundred Twenty U.S. Dollars) per
month;
b) Guaranteed overtime pay at an average of thirty (30) to forty
(40) hours per month in excess of straight eight (8) hours
regular work schedule corresponding to the unexpired portion of
four (4) months in the contract;
c) Placement fee of Thirteen Thousand Five Hundred (13,500.00)
Pesos;
d) Legal holiday equivalent to ten (10) days with pay;
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60923
2/8