Republic of the Philippines
SUPREME COURT
THIRD DIVISION
G.R. No. 156381 October 14, 2005
JSS INDOCHINA CORPORATION, Petitioner,
vs.
GERARDO R. FERRER, MELITON A. ASOR, HILARIO Z. DAYRIT, AMADO E. VILLENA, JOEL C. CALDAIRA, HENRY G. DELA ROCA,
MARIANO C. TIBUYIN, EDGARDO B. VIAJE, EMMANUEL M. NOCON, LAUDENCIO O. MENDOZA and GERONIMO O. SALAZAR, Respondents.
DECISION
SANDOVAL-GUTIERREZ, J.:
We take this opportunity to stress the need for strict enforcement of the law and the rules and regulations governing Filipino contract workers abroad.
Many hapless citizens of this country who have sought foreign employment to earn a few dollars to ensure for their families a life worthy of human
dignity and provide proper education and a decent future for their children have found themselves enslaved by foreign masters, harassed or abused
and deprived of their employment for the slightest cause. No one should be made to unjustly profit from their suffering. Hence, recruiting agencies
must not only faithfully comply with Government-prescribed responsibilities; they must impose upon themselves the duty, borne out of a social
conscience, to help citizens of this country sent abroad to work for foreign principals. They must keep in mind that this country is not exporting slaves
but human beings, and above all, fellow Filipinos seeking merely to improve their lives. 1
Before us is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended, assailing the Decision 2 dated May 14,
2002 and Resolution3 dated November 21, 2002 rendered by the Court of Appeals in CA-G.R. SP No. 51114, entitled "JSS Indochina Corporation vs.
National Labor Relations Commission, Gerardo R. Ferrer, Meliton A. Asor, Hilario Z. Dayrit, Amado E. Villena, Joel C. Caldaira, Henry G. Dela Roca,
Mariano C. Tibuyin, Edgardo B. Viaje, Emmanuel M. Nocon, Laudencio O. Mendoza, Geronimo O. Salazar and Noel B. Delos Reyes."
The instant controversy stemmed from a complaint for illegal dismissal, payment of salaries, refund of placement fee, damages and attorney’s fees
filed with the Office of the Labor Arbiter by the above-named respondents, including Noel delos Reyes,4 against JSS Indochina Corporation, petitioner,
docketed as NLRC NCR OFW Case (L) 97-05-3715.
Respondents, in their complaint, alleged that petitioner hired them as construction workers for its Taiwan-based principal/employer Formosa Plastics
Corporation. Pursuant to the parties’ contracts of employment, each respondent would receive a monthly salary of NT$15,360.00. Their employment
covered a period of one (1) year or from May 1, 1997 to May 1, 1998.
On May 1, 1997, respondents, along with other Filipino contract workers, were deployed to Taiwan. But upon their arrival, only 20 workers, excluding
respondents, were employed as construction workers at Formosa Plastics Corporation. Aggrieved, they sought assistance from Manila
Economic and Cultural Office (MECO) officials who directed them to sign separate affidavits alleging that they were assigned, not as construction
workers for Formosa Plastics Corporation, but as cable tray/pipe tract workers at Shin Kwan Enterprise Co., Ltd. On May 17, 1997, they were
repatriated to the Philippines.
Petitioner denied the allegations in the complaint, claiming that, assisted by MECO officials, respondents pre-terminated their respective contracts of
employment as they refused to work after being assigned as cable tray/pipe tract workers by Formosa Plastics Corporation to 33 KV Worksite being
administered by Shin Kwan Construction Company Limited.
After the parties submitted their pleadings and position papers, the Labor Arbiter rendered a Decision dated February 20, 1998, finding that
respondents were forced to resign since "they were left out from among those workers who were considered for employment." The Labor Arbiter
ordered petitioner and its principal, Formosa Plastics Corporation5 to pay, jointly and severally, each respondent an amount representing their 3 months
salary and to reimburse their placement fees, thus:
"WHEREFORE, judgment is hereby rendered ordering respondent JSS Indochina Corporation and Formosa Plastics Corporation to jointly and
severally pay the herein complainants the total amount of NT$414,720.00 by way of their salaries equivalent to three (3) months, and a total of
P183,240.00 by way of reimbursement of placement fees as alluded in the above computation.
The complaint of NOEL DELOS REYES is hereby dismissed for lack of merit, including all other issues herein treated.
SO ORDERED."
Upon appeal, the National Labor Relations Commission (NLRC) issued its Resolution dated August 28, 1998 affirming the Labor Arbiter’s Decision.
Petitioner filed a motion for reconsideration but was denied by the NLRC in its Resolution dated October 30, 1998.
On February 4, 1999, petitioner filed with the Court of Appeals a petition for certiorari alleging that the NLRC committed grave abuse of discretion in
ruling that the termination of the respondents’ services is illegal and in awarding to them unconscionable amounts representing unpaid salary and
refund of placement fee.