6/7/2020
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Park Sun Na turned her over to the local authorities of South Korea.
[Respondent] was then deported to the Philippines allegedly for expiration of
her visa. Worst, she was not allowed to get her personal belongings which
she left at the pub.
It may also be noted that [respondent] went to all the trouble of filing cases
against [petitioners] in different government agencies for different causes of
action. Such zealousness of [respondent] manifests the intensity of her
desire to seek justice for the wrong done to her.[28] (Citations omitted.)
The Court of Appeals determined the respective liabilities of petitioners and SAENCO for
respondent's illegal dismissal to be as follows:
For being illegally dismissed, [respondent] is rightfully entitled to her unpaid
salaries for one (1) year at the rate of US$600.00 per month or a total of
US$7,200.00. The US$600.00 per month was based on the rate indicated in
her contract [of] employment filed with the POEA. [Petitioners] also failed to
present convincing evidence that [respondent's] salaries were actually paid.
The cash vouchers presented by [petitioners] were of doubtful character
considering that they do not bear [SAENCO's] name and tax identification
numbers. The vouchers also appear to have been signed in one instance due
to the similarities as to how they were written.
[Petitioner PTCPI and SAENCO] should be held solidarity liable for the
payment of [respondent's] salaries. In Datuman vs. First Cosmopolitan
Manpower and Promotion Services, Inc., the Supreme Court ruled that
private employment agencies are held jointly and severally liable with the
foreign-based employer for any violation of the recruitment agreement or
contract of employment. This joint and solidary liability imposed by law
against recruitment agencies and foreign employers is meant to assure the
aggrieved worker of immediate and sufficient payment of what is due him.
This is in line with the policy of the state to protect and alleviate the plight
of the working class.
We likewise rule that [petitioner] Moldes should be held solidarity liable with
[petitioner PTCPI and SAENCO] for [respondent's] unpaid salaries for one
year. Well settled is the rule that officers of the company are solidarity liable
with the corporation for the termination of employees if they acted with
malice or bad faith. Here, [petitioner] Moldes was privy to [respondent's]
contract of employment by taking an active part in the latter's recruitment
and deployment abroad. [Petitioner] Moldes also denied [respondent's]
salary for a considerable period of time and misrepresented to her the
duration of her contract of employment.
[Respondent] should also be awarded attorney's fees equivalent to ten
percent (10%) of the total monetary awards. In Asian International
Manpower Services, Inc., (AIMS) vs. Court of Appeals and Lacerna,
the Supreme Court held that in actions for recovery of wages or where an
employee was forced to litigate and thus incurred expenses to protect his
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64155
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