6/7/2020
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Here, the records show that [respondent] had no intent to delay, or prolong
the proceedings before the NLRC. In fact, the NLRC, in its Resolution dated
November 11, 2008 took note that [respondent] belatedly filed her
verification and certification on non-forum shopping. Such belated filing
should be considered as substantial compliance with the requirements of the
law for perfecting her appeal to the NLRC. Moreover, the appeal fee was
eventually paid on July 17, 2006. Clearly, [respondent] had demonstrated
willingness to comply with the requirements set by the rules. Besides, in its
earlier Decision dated May 22, 2008, the First Division of the NLRC brushed
aside these technicalities and gave due course to [respondent's] appeal.
Verily, We deem it prudent to give a liberal interpretation of the technical
rules on appeal, talcing into account the merits of [respondent's] case. After
all, technical rules of procedure in labor cases are not to be strictly applied
in order to serve the demands of substantial justice.[27] (Citations omitted.)
The appellate court then held that respondent was dismissed from employment without
just cause and without procedural due process and that petitioners and SAENCO were
solidarity liable to pay respondent her unpaid salaries for one year and attorney's fees:
Time and again, it has been ruled that the onus probandi to prove the
lawfulness of the dismissal rests with the employer. In termination cases,
the burden of proof rests upon the employer to show that the dismissal was
for just and valid cause. Failure to do so would necessarily mean that the
dismissal was not justified and, therefore, was illegal. In Royal Crown
Internationale vs. National Labor Relations Commission and
Nacionales, the Supreme Court held that where termination cases involve a
Filipino worker recruited and deployed for overseas employment, the burden
to show the validity of the dismissal naturally devolves upon both the
foreign-based employer and the employment agency or recruitment entity
which recruited the worker, for the latter is not only the agent of the former,
but is also solidarity liable with its foreign principal for any claims or
liabilities arising from the dismissal of the worker.
In the case at bar, [petitioners] failed to discharge the burden of proving
that [respondent] was terminated from employment for a just and valid
cause.
[Petitioners'] claim that [respondent] was deported because her
employment contract has already expired, was without any basis. Before
being deployed to South Korea, [petitioners] made [respondent] believe that
her contract of employment was for one (1) year. [Respondent] relied on
such misrepresentation and continuously worked from September 11, 2003
up [to] June 24, 2004 or for more than nine (9) months. [Petitioners] never
questioned her stay beyond the six-month period. If [petitioners] were really
against her overstaying in Korea, they could have easily asked their
principal, [SAENCO], to facilitate her immediate deportation. Even when
[petitioner] Moldes sent the demand letter to [respondent] in May 2004 or
when she came to Korea to pay the salaries of the performers in June 2004,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64155
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