C.
In the case of “SAMEER Overseas Placement Agency, Inc. vs. Josefa
Guiterrez,”28 OFW-Nurse Josefa Gutierrez filed her complaint for illegal
dismissal and money claims before the NLRC sometime in 2001.29
On February 10, 2003, the Labor Arbiter rendered its decision in favor
of Gutierrez, finding that she was illegally dismissed from her employment,
and ordering respondents Sameer Overseas Placement Agency, Rizalina
Lamzon and Irish Nursing Home Organization Limited to pay complainant
jointly and solidarily, the following: (a) salary (2 1/2 mos.) 2,083.02 Pounds;
(b) unexpired portion (6 mos.) 6,250.02 Pounds (Payable in Philippine peso at
the rate of exchange prevailing at the time of payment); and (c) refund of
placement fees in the amount of PHP23,000.00.
On appeal, the NLRC reversed the Labor Arbiter’s decision. Gutierrez’
motion for reconsideration was also denied by the NLRC.
On certiorari, the Court of Appeals reversed the decision of the NLRC
and reinstated the decision of the Labor Arbiter.
Sameer then filed a petition for review in certiorari before the Supreme
Court which was denied in a minute resolution dated March 8, 2010. Sameer’s
motion for reconsideration was also denied by the Supreme Court in a
resolution dated August 16, 2010. The entry of judgement of the Supreme
Court’s decision was issued on October 8, 2010.
On July 13, 2012, upon Gutierrez’ motion, the Labor Arbiter issued a
Writ of Execution containing a re-computation of the original monetary award
and its conversion into Euro currency.
Sameer moved for the recall/quashal of the writ of execution on the
ground that in converting the award from Pounds to Euro on execution, the
Labor Arbiter has illegally varied the terms of the final and executory decision
in the termination case. In her Order dated December 12, 2012, the Labor
Arbiter denied Sameer’s motion. Sameer then filed before the NLRC a petition
to annul the Labor Arbiter’s Order dated December 12, 2012. The NLRC
dismissed the petition in its Decision dated February 25, 2013. Sameer’s
motion for reconsideration and in its Resolution dated April 30, 2013 were
likewise denied by the NLRC.
Sameer then elevated the matter on certiorari before the Court of
Appeals. On January 22, 2015, the Court of Appeals dismissed Sameer’s
28
29
G.R. No. 220030, March 18, 2019
The exact date of filing of the complaint was not stated in the decision of the Supreme Court. It was
merely mentioned that in 2001, Gutierrez was deployed as a registered nurse to Ireland on a 2year employment in a nursing home and that after merely two months, she was unceremoniously
repatriated urging her to file for unlawful termination.
16