4/10/2020
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on the constitutionality of Section 7 of RA 10022.
The declaration in March 2009 of the unconstitutionality of the clause "or for three
months for every year of the unexpired term, whichever is less" in RA 8042 shall be
given retroactive effect to the termination that occurred in January 1999 because an
unconstitutional clause in the law confers no rights, imposes no duties and affords no
protection. The unconstitutional provision is inoperative, as if it was not passed into law
at all.[59]
As such, we compute the claims as follows:
Seafarer Contract Contract Repatriation Unexpired
Term
Date
Date
Term
De
10
17 Jul.
28 Jan.
3 months &
Gracia months
1998
1999
20 days
Lata
12
17 Apr.
28 Jan.
2 months &
months
1998
1999
20 days
Aprosta
12
17 Apr.
28 Jan.
2 months &
months
1998
1999
20 days
Monthly Total Claims
Salary
US$800 US$2933.34
US$600
US$1600
US$600
US$1600
Given the above computation, we modify the CA's imposition of award, and grant to De
Gracia, et al. salaries representing the unexpired portion of their contracts, instead of
salaries for three (3) months.
Article 2219 of the Civil Code of the Philippines provides for recovery of moral damages
in certain cases:
Art. 2219. Moral damages may be recovered in the following and analogous
cases:
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in Article 309;
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32,
34, and 35.
The parents of the female seduced, abducted, raped, or abused, referred to
in No. 3 of this article, may also recover moral damages.
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