6/7/2020
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she never mentioned that [respondent's] contract has already expired.
Moreover, in the Model Employment Contract for Filipino Overseas
Performing Artists (OPAS) to Korea filed with the POEA which was entered
into between [respondent] and [petitioners], it was categorically stated
therein that the name of her performance venue was Si Heung Tourist Hotel
Night Club, owned by Cho Kang Hyung and with address at Jung Wang Dong
Siheung Kuyng Ki Do. However, [respondent] was made to work at
Seaman's Seven Pub located at Ulsan, South Korea owned by a certain Lee
Young-Gun. [Respondent's] employment contract also states that she should
be receiving a monthly salary of US$600.00 and not US$400.00 as
represented to her by [petitioner] Moldes.
The Court cannot likewise adhere to [petitioners'] claim that [respondent]
committed serious misconduct and willful disobedience to the lawful orders
of her employer when she allegedly danced in an immoral manner, wore
skimpy costumes, and went out with clients. This Court is convinced from
the records and pictures submitted by [respondent] that her Korean
employer, Lee Young-Gun, ordered them to wear provocative skirts while
dancing and singing to make the pub more attractive to their customers.
Even the Seaman's Seven Pub poster itself was advertising its singers and
dancers wearing provocative dresses. [Respondent] was not even hired as a
dancer, but only as a singer as shown by her Overseas Filipino Worker
Information. Besides, if [respondent] was misbehaving offensively as early
as September 2003, her employer could have likewise terminated her
employment at the earliest opportunity to protect its interest. Instead,
[respondent] was allowed to work even beyond the period of her contract.
Thus, [petitioners'] defenses appear to be more of an afterthought which
could not be given any weight.
Furthermore, [respondent] was not afforded her right to procedural due
process of notice and hearing before she was terminated. In the same case
of Royal Crown Internationale vs. National Labor Relations
Commission and Nacionales, the Supreme Court ruled that all Filipino
workers, whether employed locally or overseas, enjoy the protective mantle
of Philippine labor and social legislation, contract stipulations to the contrary
notwithstanding. This pronouncement is in keeping with the basic policy of
the State to afford full protection to labor, promote full employment, ensure
equal work opportunities regardless of sex, race or creed, and regulate the
relations between workers and employers.
In the instant case, the records show that [respondent] was publicly
accosted and humiliated by one Park Sun Na, the President of [SAENCO],
and was brought to its office in Seoul, Korea, which was a six (6) hour drive
from the pub. Such acts were witnessed and narrated by Wolfgang Pelzer, a
Professor in the School of English, University of Ulsan, South Korea and a
frequent client of Seaman's Seven Pub, in his Affidavit dated August 16,
2004. When it became apparent that [respondent] would not be apologizing
to [petitioner] Moldes nor would she dismiss her lawyer in the Philippines,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64155
12/27