6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Park Sun Na turned her over to the local authorities of South Korea. [Respondent] was then deported to the Philippines allegedly for expiration of her visa. Worst, she was not allowed to get her personal belongings which she left at the pub. It may also be noted that [respondent] went to all the trouble of filing cases against [petitioners] in different government agencies for different causes of action. Such zealousness of [respondent] manifests the intensity of her desire to seek justice for the wrong done to her.[28] (Citations omitted.) The Court of Appeals determined the respective liabilities of petitioners and SAENCO for respondent's illegal dismissal to be as follows: For being illegally dismissed, [respondent] is rightfully entitled to her unpaid salaries for one (1) year at the rate of US$600.00 per month or a total of US$7,200.00. The US$600.00 per month was based on the rate indicated in her contract [of] employment filed with the POEA. [Petitioners] also failed to present convincing evidence that [respondent's] salaries were actually paid. The cash vouchers presented by [petitioners] were of doubtful character considering that they do not bear [SAENCO's] name and tax identification numbers. The vouchers also appear to have been signed in one instance due to the similarities as to how they were written. [Petitioner PTCPI and SAENCO] should be held solidarity liable for the payment of [respondent's] salaries. In Datuman vs. First Cosmopolitan Manpower and Promotion Services, Inc., the Supreme Court ruled that private employment agencies are held jointly and severally liable with the foreign-based employer for any violation of the recruitment agreement or contract of employment. This joint and solidary liability imposed by law against recruitment agencies and foreign employers is meant to assure the aggrieved worker of immediate and sufficient payment of what is due him. This is in line with the policy of the state to protect and alleviate the plight of the working class. We likewise rule that [petitioner] Moldes should be held solidarity liable with [petitioner PTCPI and SAENCO] for [respondent's] unpaid salaries for one year. Well settled is the rule that officers of the company are solidarity liable with the corporation for the termination of employees if they acted with malice or bad faith. Here, [petitioner] Moldes was privy to [respondent's] contract of employment by taking an active part in the latter's recruitment and deployment abroad. [Petitioner] Moldes also denied [respondent's] salary for a considerable period of time and misrepresented to her the duration of her contract of employment. [Respondent] should also be awarded attorney's fees equivalent to ten percent (10%) of the total monetary awards. In Asian International Manpower Services, Inc., (AIMS) vs. Court of Appeals and Lacerna, the Supreme Court held that in actions for recovery of wages or where an employee was forced to litigate and thus incurred expenses to protect his elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64155 13/27

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