5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly provided and guaranteed in his employment contract as part of his monthly salary and benefit package.[26] Here, Loyola was employed by Eagle Clarc, as Able Seaman under an eight-month contract, with a basic monthly salary of US$ 577.00, with fixed monthly overtime pay of US$ 283.00, leave pay of US$ 144.00 per month, weekend compensation of US$ 150.00 and social benefits and bonus of US$ 126.00. The NLRC was, therefore, correct in ruling that herein petitioners are jointly and severally liable to pay US$ 7,680.00, which is US$ 1,280 x 6 months. In addition, we find that Loyola is entitled to the full reimbursement of his placement fee with 12% interest per annum in accordance with the fifth paragraph of Section 10 of Republic Act (R.A.) No. 8042, as amended, or the Migrant Workers Act, which states: 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. x x x As for the other monetary awards, the CA correctly affirmed the NLRC. We have held that moral damages are proper where the dismissal was tainted with bad faith or fraud, or where it constituted an act oppressive to labor, and done in a manner contrary to morals, good customs or public policy. Exemplary damages meanwhile are recoverable if the dismissal was done in a wanton, oppressive or malevolent manner.[27] Here, we find no reason to overturn the NLRC and CA rulings which awarded moral and exemplary damages in favor of Loyola, in view of the Ship Master's manner of dismissing Loyola and the lack of proof that Loyola was duly notified of the charges and disciplinary hearing or investigation against him. As for the attorney's fees, the same are likewise proper in view of the fact that Loyola was forced to litigate and thus, incur expenses to protect his rights and interest.[28] As to the question of whether Capt. Arcilla should be held solidarily liable with the other petitioners, Section 10 of R.A. No. 8042, as amended by R.A. No. 10022 provides that if the recruitment or placement agency is a juridical being, its corporate officers, directors and partners, as the case may be, shall be jointly and solidarily liable with the corporation or partnership for the claims and damages against it.[29] Since Capt. Arcilla is the President and General Manager of Eagle Clarc, he cannot evade liability in this case. WHEREFORE, the petition is DENIED for lack of merit. The Decision dated August 31, 2018 and Resolution dated February 21, 2019 of the Court of Appeals in CA-G.R. No. SP No. 154377 are hereby AFFIRMED with MODIFICATION in that the amount due John P. Loyola, corresponding to the unexpired portion of his contract is US$ 7,680 or its Philippine Peso equivalent at the time of payment. In addition, he is entitled to the full reimbursement of his placement fee with 12% interest per annum. The monetary awards granted shall further earn legal interest at the rate of 6% per annum from the date of the finality of this Decision until fully paid. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66403 7/9