SECOND DIVISION
[G.R. No. 131656. October 12, 1998]
ASIAN CENTER FOR CAREER AND EMPLOYMENT SYSTEM AND SERVICES, INC.
(ACCESS), petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and IBNO
MEDIALES, respondents.
DECISION
PUNO, J.:
In this petition for certiorari, petitioner ASIAN CENTER FOR CAREER &
EMPLOYMENT SYSTEM & SERVICES, INC. (ACCESS) seeks to modify the monetary
awards against it in the Decision of respondent National Labor Relations Commission (NLRC),
dated October 14, 1997, a case for illegal dismissal.
The records disclose that petitioner hired respondent IBNO MEDIALES to work as a mason in
Jeddah, Saudi Arabia, with a monthly salary of 1,200 Saudi Riyals (SR). The term of his
contract was two (2) years, from February 28, 1995 until February 28, 1997.
On May 26, 1996, respondent applied with petitioner for vacation leave with pay which he
earned after working for more then a year. His application for leave was granted. While en route
to the Philippines, his co-workers informed him that he has been dismissed from service. The
information turned out to be true.
On June 17, 1996, respondent filed a complaint with the labor arbiter for illegal dismissal, nonpayment of overtime pay, refund of transportation fare, illegal deductions, non-payment of 13th
month pay and salary for the unexpired portion of his employment contract.
On March 17, 1997, the labor arbiter found petitioner guilty of illegal dismissal.i[1] The
dispositive portion reads:
IN VIEW OF THE FOREGOING, judgment is hereby rendered declaring the illegality
of complainants dismissal and ordering the respondent ACCESS and/or ABDULLAH
LELINA to pay the complainant the amount of SR 13,200 representing complainants
payment for the unexpired portion of his contract and refund of the illegality
deducted amount less P5,000.00, the legally allowed placement fee.
Respondent are further ordered to pay attorneys fees equivalent to ten percent (10%)
of the judgment award or the amount of SR 1,320, within ten (10) days from receipt
hereof.
All other issues are dismissed for lack of merit.
SO ORDERD. (emphasis supplied)