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country. Their unfortunate circumstance makes them easy prey to avaricious
employers. They will climb mountains, cross the seas, endure slave
treatment in foreign lands just to survive. Out of despondence, they will
work under sub-human conditions and accept salaries below the minimum.
The least we can do is to protect them with our laws.
WHEREFORE, the Petition is GRANTED. The Court of Appeals Decision dated February
28, 2007 and Resolution dated August 30, 2007 are hereby MODIFIED to the effect
that petitioner is AWARDED his salaries for the entire unexpired portion of his
employment contract consisting of nine months computed at the rate of US$1,430.00
per month. All other awards are hereby AFFIRMED. No costs.
SO ORDERED.
Carpio, J., Chairperson, Peralta, Abad, and Mendoza, JJ., concur.
[1] Rollo, pp. 33-56.
[2] Penned by Associate Justice Antonio L. Villamor, with Associate Justices Pampio A.
Abarintos and Stephen C. Cruz, concurring; id. at 60-73.
[3] Id. at 166-170.
[4] Supra note 2, at 63-65.
[5] Rollo, pp. 121-129.
[6] Id. at 129.
[7] Id. at 130-149.
[8] The last clause in the 5th paragraph of Section 10, R.A. No. 8042, provides to wit:
Sec. 10. MONEY CLAIMS. -- x x x.
In case of termination of overseas employment without just, valid or authorized cause
as defined by law or contract, the workers shall be entitled to the full reimbursement of
his placement fee with interest of twelve percent (12%) per annum, plus his salaries
for the unexpired portion of his employment contract or for three (3) months
for every year of the unexpired term, whichever is less. (Emphasis and
underscoring supplied.)
[9] The Migrant Workers and Overseas Filipinos Act of 1995, effective July 15, 1995.
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