4/6/2021
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overseas Filipino workers, which include basic provisions for food, accommodation and
transportation. The licensed recruitment agency shall also, prior to the signing of the
employment contract, inform the overseas Filipino workers of their rights and
obligations, and disclose the full terms and conditions of employment, and provided
them with a copy of the POEA approved contract, to give them ample opportunity to
examine the san1e.[40]
Award of moral and exemplary damages, and attorney's fees.
The Court finds no cogent reason to disturb the award of damages and attorney's fees
in favor of respondents considering that the acts of petitioners were evidently tainted
with bad faith. Petitioners' failure to comply with the stipulations on the POEA-approved
employment contracts of respondents with regard to salaries and transportation
expenses, guaranteed under our labor laws, constituted an act oppressive to labor and
more importantly, contrary to law and public policy. Petitioners even tried to justify the
execution and validity of the Addendum and cloak the latter as legal and binding
through respondents' execution of Foreign Worker's affidavits. However, the affidavits
of respondents explicitly indicated that their monthly wage/salary shall be
NT$17,280.00 for Beltran and NT$15,840.00 for Baybayan.[41] There was nothing in
the mentioned affidavits which would indicate that there would be deductions to
respondents' salaries. Indeed, the Court finds appalling petitioners' circumvention of
our labor laws and the intentional diminution of employee's benefits guaranteed by our
laws to land-based overseas workers-indicative of petitioners' exercise of bad faith and
fraud in their dealings with Filipino workers.
As regards Beltran's summary dismissal from employment, there was· nothing
"voluntary" in putting words into Beltran's own mouth in the guise of her handwritten
statement of resignation. Petitioners' attempt to demonstrate voluntariness fails since
"cooperate" is more of an imposition coming from the employer rather than from a
disadvantaged overseas employee. The execution of the documents was indeed plainly
oppressive and violative of Beltran's security of tenure. Veritably, the award of moral
and exemplary damages is sufficient to allay the sufferings experienced by respondents
and by way of example or correction for public good, respectively.
Peralta is solidarily liable with Prime Stars.
Peralta is jointly and severally liable with Prime Stars. Section 10 of RA 8042 mandates
solidary liability among the corporate officers, directors, partners and the corporation or
partnership for any claims and damages that may be due to the overseas workers, viz.:
Section 10. Monetary Claims. - x x x
The liability of the principal/employer and the recruitment/placement agency
for any and all claims under this section shall be joint and several. This
provision shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval. The performance bond to be
filed by the recruitment/placement agency, as provided by law, shall be
answerable for all money claims or damages that may be awarded to the
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66097
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