G.R. No. 152579
http://sc.judiciary.gov.ph/jurisprudence/2009/august2009/152579.htm
repatriated even prior to the expiration of their contracts. Consequently, in July and August
1996, Santos, et al. filed complaints against Sameer before the National Labor Relations
Commission (NLRC) for illegal dismissal, underpayment of salaries, and unauthorized salary
deductions.
On November 3, 1997, Sameer filed a third party complaint against private respondent ASBT
International Management Service, Inc. (ASBT). It claimed that the latter should be liable for
all the contractual obligations of Ensure since Sameers accreditation was transferred to ASBT
on June 9, 1997.
On December 29, 1999, the Labor Arbiter rendered a Decision,
[4]
disposing as follows
WHEREFORE, premises considered, SAMEER is hereby ordered to pay the complainants:
1. The amount of NT$156,120.00 to LORD NELSON SANTOS covering the
underpayment of monthly salaries for the period of five (5) months, salaries for the unexpired
portion of the contract and refund of the unauthorized salary deduction, Sixty Five Thousand
(P65,000.00) Pesos as refund of the placement fee and guaranty fee less Five Thousand
(P5,000.00) Pesos, and Six Thousand (P6,000.00) Pesos as refund for the cost of his plane
ticket;
2. The amount of NT$154,560.00 to DANILO BALCITA covering the underpayment of
monthly salaries for the period of six (6) months, salaries for the unexpired portion of the
contract and refund of the unauthorized salary deduction, Sixty Five Thousand (P65,000.00)
Pesos as refund of the placement fee and guaranty fee less Five Thousand (P5,000.00) Pesos,
and Six Thousand (P6,000.00) Pesos as refund for the cost of his plane ticket;
3. The amount of NT$174,048.00 to EMMANUEL DEMILLO covering the underpayment of
monthly salaries for the period of four (4) months, salaries for the unexpired portion of the
contract and refund of the unauthorized salary deduction, Sixty Five Thousand (P65,000.00)
Pesos as refund of the placement fee and guaranty fee less Five Thousand (P5,000.00) Pesos,
and Six Thousand (P6,000.00) Pesos as refund for the cost of his plane ticket;
4. The amount of NT$172,560.00 to NICZON CRUZ covering the underpayment of monthly
salaries for the period of four (4) months, salaries for the unexpired portion of the contract and
refund of the unauthorized salary deduction, Sixty Five Thousand (P65,000.00) Pesos as
refund for the placement fee and guaranty fee less Five Thousand (P5,000.00) Pesos, and Six
Thousand (P6,000.00) Pesos as refund for the cost of his plane ticket;
5. The amount of NT$152,560.00 to PEPITO MANGLICMOT covering the underpayment of
monthly salaries for the period of four (4) months, salaries for the unexpired portion of the
contract and refund of the unauthorized salary deduction, Sixty Five Thousand (P65,000.00)
Pesos as refund of the placement fee and guaranty fee less Five Thousand (P5,000.00) Pesos,
and Six Thousand (P6,000.00) Pesos as refund for the cost of his plane ticket;
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