4/10/2020
E-Library - Information At Your Fingertips: Printer Friendly
In case of termination of overseas employment without just, valid or
authorized cause as defined by law or contract, or any unauthorized
deductions from the migrant worker’s salary, the worker shall be entitled to
the full reimbursement “of” his placement fee and the deductions made with
interest at 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.[52]
(emphasis ours)
This argument fails to persuade us. Laws shall have no retroactive effect, unless the
contrary is provided.[53] By its very nature, the amendment introduced by R.A. 10022
— restoring a provision of R.A. 8042 declared unconstitutional — cannot be given
retroactive effect, not only because there is no express declaration of retroactivity in
the law, but because retroactive application will result in an impairment of a right that
had accrued to the respondents by virtue of the Serrano ruling -entitlement to their
salaries for the unexpired portion of their employment contracts.
All statutes are to be construed as having only a prospective application, unless the
purpose and intention of the legislature to give them a retrospective effect are
expressly declared or are necessarily implied from the language used.[54] We thus see
no reason to nullity the application of the Serrano ruling in the present case. Whether
or not R.A. 10022 is constitutional is not for us to rule upon in the present case as this
is· an issue that is not squarely before us. In other words, this is an issue that awaits
its proper day in court; in the meanwhile, we make no pronouncement on it.
WHEREFORE, premises considered, the petition is DENIED. The assailed Decision
dated May 9, 2011 and the Resolution dated June 23, 2011 of the Court of Appeals in
CA-G.R. SP No. 114353 are AFFIRMED. Let this Decision be brought to the attention of
the Honorable Secretary of Labor and Employment and the Administrator of the
Philippine Overseas Employment Administration as a black mark in the deployment
record of petitioner Pert/CPM Manpower Exponent Co., Inc., and as a record that should
be considered in· any similar future violations.
Costs against the petitioner.
SO ORDERED.
Carpio, (Chairperson), Peralta,* Del Castillo, and Perez, JJ., concur.
* Designated Additional Member vice Associate Justice Estela M. Perlas-Bemabe per
Raffle dated September 5, 2012.
[1] Rollo, pp. 27-64; filed under Rule 45 of the Rules of Court.
[2] Id. at 107-121; penned by Associate Justice Bienvenido L. Reyes (now a member of
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55155
12/15