1/5/2021 E-Library - Information At Your Fingertips: Printer Friendly Seeking a reinstatement of the LA's decision, petitioner files the instant petition for review. Petitioner avers that Section 7 of R.A. 10022 should not have been applied because it was declared unconstitutional in Sameer Overseas Placement Agency, Inc. v. Cabiles.[21] Petitioner prays for the following awards: 1. Reinstatement of the LA's award of a. SR40,250.00 salary for the unexpired portion of the contract; b. SR1,100.00 excess airfare ticket expense; and c. 10% attorney's fees; 2. Petitioner's latest salary for one month; 3. 12% annual interest on his latest salary and on the reimbursement of his placement fee; 4. Moral and exemplary damages; and 5. Legal interest on judgment award. Our Ruling The instant petition is partly meritorious. We shall discuss the issues seriatim. Petitioner is entitled to salary equivalent to the unexpired portion of the contract The CA incorrectly reduced the award for petitioner's salary to SR13,800.00. In Sameer,[22] this Court struck down the phrase "or for three (3) months for every year of the unexpired term, whichever is less"[23] under Section 7 of R.A. 10022 because the same phrase was already declared unconstitutional in R.A. 8042 or the Migrant Workers and Overseas Filipinos Act of 1995.[24] Petitioner is, thus, entitled to "his salaries for the unexpired portion of his employment contract" - the operative clause of Section 7. As such, the LA's computation of SR40,250.00 shall be reinstated. Petitioner is entitled to SR1,100.00 as reimbursement for his airfare ticket Petitioner claimed that he paid SR3,100.00 as airfare to the Philippines but was only reimbursed SR2,000.00 by Al-Adhamain.[25] Respondents countered that it was Alhttps://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65786 4/10