3/31/2021
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On January 5, 2011, respondent left the Philippine Embassy after a certain Mr. Mutlaq
offered to give her a job at a chocolate factory. However, this chocolate factory turned
out to be inexistent. Then, the employees of Al Rekabi, an employment agency, told her
that they would be bringing her to Hawally at night. She refused to take the trip as it
was cold and drizzling. She then attempted to report the matter to Atty. Merginio using
her cellular phone, but the employees of Al Rekabi confiscated it. Mr. Hassan, the
Manager of Al Rekabi, did not accede to her request to postpone the trip to the
following day. It came to a point where Mr. Hassan scolded respondent, and forced her
to make a written admission that her employers treated her well.[13]
Sometime after January 6, 2011, respondent was brought to the office of Al Rekabi at
Salmiya. On an unspecified date thereafter, at around 7:00 p.m., two men offered her a
job at a restaurant in front of the main office of the agency. She accepted the offer.
However, instead of being brought to a restaurant in Hawally, where she was supposed
to work, respondent was taken to a flat where she was told to apply makeup, and wear
attractive and sexy clothes. Another man joined them. Respondent was then told that
she would be brought to her place of work. However, she was instead taken to an
unlighted area which had buildings but no restaurant or coffee shop signboards. At the
area, she saw another man walking. After recognizing that the man was an employee
of Al Rekabi, she asked him to bring her to the main office of the agency. She was able
to leave at around 11:00 p.m. when the three other men agreed to release her.[14]
On February 7, 2011, respondent was asked to affix her signature on a letter that she
copied purportedly showing that she admitted having preterminated her contract of
employment and that she no longer had any demandable claim as she was treated well.
Respondent's execution of this letter of resignation was made as a precondition to the
release of her passport and plane ticket which were in the possession of petitioners.[15]
Respondent arrived in the Philippines on February 12, 2011.[16]
In response to respondent's complaint, petitioners filed a motion to dismiss[17] on May
11, 2011, alleging that on February 7, 2011, respondent executed an Affidavit of
Quitclaim and Desistance, Sworn Statement, and Receipt and Quitclaim before Ofelia M.
Castro-Hudson, Assistant Labor Attaché in Kuwait, where she allegedly stated that she
voluntarily agreed to release Al-Masiya and Saad Mutlaq, et al., from all her claims
arising from her employment abroad. They also presented her handwritten statement
where she expressed that her cause for terminating her employment was her own
personal reasons.[18]
Respondent opposed the motion, arguing that she signed the documents in exchange
for the release of her passport and plane ticket. Petitioners refuted this by stating that
respondent's reason was self-serving.[19]
After considering the parties' respective arguments, the Labor Arbiter (LA) denied the
motion to dismiss and directed the parties to file their respective position papers.[20]
On August 2, 2011, the LA rendered a Decision[21] in favor of respondent. The
dispositive portion thereof reads:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65972
2/12