for the unexpired portion of his employment contract or three (3) months’ salary
for every year of the unexpired term, whichever is less, comes into play
only when the employment contract concerned has a term of at least one
(1) year or more. This is evident from the words “for every year of the unexpired
term” which follows the words “salaries x x x for three months.” To follow
petitioners’ thinking that private respondent is entitled to three (3) months salary
only simply because it is the lesser amount is to completely disregard and
overlook some words used in the statute while giving effect to some. This is
contrary to the well-established rule in legal hermeneutics that in interpreting a
statute, care should be taken that every part or word thereof be given effect since
the law-making body is presumed to know the meaning of the words employed in
the
statute
and
to
have used
them
advisedly. Ut res magisvaleat quam pereat.
Furthermore, in the case of Phil. Employ Services and Resources, Inc.
v. Paramio,[46] citing the case of Skippers Pacific, Inc. v. Skippers Maritime
Service, Ltd.,[47] this Court ruled that an overseas Filipino worker who is illegally
terminated should be entitled to his salary equivalent to the unexpired portion of
his employment contract if such contract is less than one year.
Having said that, we apply the foregoing principles to the present
case. Since the contract period of the respondents is less than one year, more
particularly, nine months plus or minus one month by mutual consent; and they
were illegally dismissed, then they are entitled to their salaries equivalent to the
unexpired portion of their contract, and not just to three months salary.
With respect to the petitioner Skippers United Pacific, Inc.’s claim that it be
exempted from liability because it is no longer the manning agency responsible to
the respondents since Sea Power Shipping Enterprises, Inc. and Evic Human
Resources Management, Inc. had executed Affidavits of Assumption of
Responsibility, this Court will not sustain such a claim. In Section 1 of Rule II of
the POEA Rules and Regulations, it states that:
Section 1. Requirements for Issuance of License. – Every applicant for
license to operate a private employment agency or manning agency shall submit
a written application together with the following requirements:
x x x
f. A verified undertaking stating that the applicant:
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