6/7/2020
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Moldes's demands. When his efforts failed, Park surrendered respondent to the South
Korean authorities and she was deported back to the Philippines on account of her
expired work visa.
To reiterate, respondent could only be dismissed for just and authorized cause, and
after affording her notice and hearing prior to her termination. SAENCO had no valid
cause to terminate respondent's employment. Neither did SAENCO serve two written
notices upon respondent informing her of her alleged club policy violations and of her
dismissal from employment, nor afforded her a hearing to defend herself. The lack of
valid cause, together with the failure of SAENCO to comply with the twin-notice and
hearing requirements, underscored the illegality surrounding respondent's dismissal.
[49]
The Liabilities of Petitioners and SAENCO
From its findings herein that (1) respondent's Employment Contract had been extended
for another six months, ending on September 5, 2004; and (2) respondent was illegally
dismissed and repatriated to the Philippines in June 2004, the Court next proceeds to
rule on the liabilities of petitioners and SAENCO to respondent.
Respondent's monetary claims against petitioners and SAENCO is governed by Section
10 of Republic Act No. 8042, otherwise known as The Migrant Workers and Overseas
Filipinos Act of 1995, which provides:
Section 10. Money Claims. — Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations Commission
(NLRC) shall have the original and exclusive jurisdiction to hear and decide,
within ninety (90) calendar days after the filing of the complaint, the claims
arising out of an employer-employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment including claims
for actual, moral, exemplary and other forms of damages.
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 monetary claims or damages that may be
awarded to the workers. If the recruitment/placement agency is a
juridical being, the corporate officers and directors and partners as
the case may be, shall themselves be jointly and solidarity liable
with the corporation or partnership for the aforesaid claims and
damages.
Such liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution,
amendment or modification made locally or in a foreign country of the said
contract.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64155
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