4/10/2020 E-Library - Information At Your Fingertips: Printer Friendly 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. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/21678 9/14