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699 Phil. 37
SECOND DIVISION
[ G.R. No. 170029, November 21, 2012 ]
SAMEER OVERSEAS PLACEMENT AGENCY, INC. AND RIZALINA
LAMSON, PETITIONERS, VS. MARICEL N. BAJARO, PAMELA P.
MORILLA, DAISY L. MAGDAONG, LEAH J. TABUJARA, LEA M.
CANCINO, MICHIEL D. MELIANG, RAQUEL SUMIGCAY, ROSE R.
SARIA, LEONA L. ANGULO AND MELODY B. INGAL, RESPONDENTS.
DECISION
PERLAS-BERNABE, J.:
Assailed in this Petition for Review is the August 22, 2005 Decision[1] and October 11,
2005 Resolution[2] of the Court of Appeals (CA) in CA-G.R. SP No. 87672 which nullified
and set aside the March 31, 2004 Decision[3] and September 22, 2004 Resolution[4] of
the National Labor Relations Commission (NLRC) and reinstated in toto the July 12,
2002 Decision[5] of the Labor Arbiter in NLRC OFW CASE No. (M) 01-07-1366-00.
The Facts
It is undisputed that sometime in 1999,[6] petitioner company Sameer Overseas
Placement Agency, Inc. deployed respondents Maricel N. Bajaro (Bajaro), Pamela P.
Morilla (Morilla), Daisy L. Magdaong, Leah J. Tabujara, Lea M. Cancino, Michiel D.
Meliang, Raquel Sumigcay (Sumigcay), Rose R. Saria, Leona L. Angulo and Melody B.
Ingal to Taiwan to work as operators for its foreign principal, Mabuchi Motors Company,
Ltd. under individual two-year employment contracts,[7] with a monthly salary of
Taiwan Dollars (NT$) 15,840.00 each. Prior to their deployment, each respondent paid
petitioner company the amount of P47,900.00 as placement fee.
However, after working for only a period of eleven (11) months and before the
expiration of the two-year period, respondents’ employment contracts were terminated
and they were repatriated to the Philippines. This prompted the filing of a complaint for
illegal dismissal against petitioner company and its President and General Manager,
individual petitioner Rizalina Lamson,[8] with prayer for the payment of salaries and
wages covering the unexpired portion of their employment contracts in lieu of
reinstatement, and with allegations of illegal deductions and illegal collection of
placement fees. Respondents Bajaro, Morilla and Sumigcay likewise sought
reimbursement of the amount they personally expended for their plane tickets for their
return flight, alleging that their employment contracts provided for free transportation
expenses in going to and from Taiwan. Collectively, respondents prayed for the award
of damages as well as attorney’s fees.
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