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SECOND DIVISION
[ G.R. No. 216132, January 22, 2020 ]
AL-MASIYA OVERSEAS PLACEMENT AGENCY, INC. AND ROSALINA
ABOY, PETITIONERS, VS. HAZEL A. VIERNES, RESPONDENT.
DECISION
INTING, J.:
This resolves the Petition for Review on Certiorari with Urgent Prayer for the Issuance
of a Temporary Restraining Order and/or Preliminary Injunction[1] under Rule 45 of the
Rules of Court seeking the reversal of the Decision[2] dated June 27, 2014 and
Resolution[3] dated December 23, 2014 of the Court of Appeals (CA) in CA-G.R. SP No.
128433. The CA Decision dismissed the Petition for Certiorari with Extremely Urgent
Prayer for the Issuance of a Temporary Restraining Order and/or Preliminary
Injunction[4] assailing the Resolutions dated September 24, 2012[5] and November 26,
2012[6] of the National Labor Relations Commission (NLRC) in NLRC LAC No. OFW (L)
02-000317-12 (NLRC RAB-I-OFW-[L]03-1021-11[IS-2]). The CA Resolution, on the
other hand, denied the subsequent motion for reconsideration.[7]
The Antecedents
The case stemmed from the complaint[8] for illegal or constructive dismissal filed by
Hazel A. Viernes (respondent) against Al-Masiya Overseas Placement Agency, Inc. (AlMasiya) and Rosalina Aboy, its Manager, (collectively, petitioners) before the NLRC, San
Fernando City, La Union. The case was docketed as NLRC Case No. RAB-IOFW(L)-031021-11(IS-2).[9]
On November 7, 2010, respondent was deployed in Kuwait by Al-Masiya, through Saad
Mutlaq Al Asmi Domestic Staff Recruitment Office (Saad Mutlaq)/Al Dakhan Manpower,
to work as a domestic helper. Respondent's stipulated pay was US$400 per month for a
period of two years.[10]
Respondent arrived in Kuwait on November 8, 2010 together with other Filipina
overseas workers. Due to disagreement in the working conditions, respondent's
employment with her first and second employers did not succeed. Her employment with
her third employer also did not succeed as the latter could not obtain a working visa for
her.[11]
On December 16, 2010, respondent and one Darwina Golle went to the Philippine
Embassy where they related their problems about their employment to Atty. William
Merginio (Atty. Merginio), Labor Attaché in Kuwait who offered to help them.[12]
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