6/7/2020
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Code together with its implementing rules and regulations and
other laws affecting labor apply in this case. x x x.
By our laws, overseas Filipino workers (OFWs) may only be terminated for a
just or authorized cause and after compliance with procedural due process
requirements. (Citations omitted.)
Since respondent's Employment Contract was executed in the Philippines on February
3, 2003, Philippine Constitution and labor laws governed respondent's employment with
petitioners and SAENCO. An employee's right to security of tenure, protected by the
Constitution and statutes, means that no employee shall be dismissed unless there are
just or authorized causes and only after compliance with procedural and substantive
due process. A lawful dismissal by an employer must meet both substantive and
procedural requirements; in fine, the dismissal must be for a just or authorized cause
and must comply with the rudimentary due process of notice and hearing.[44]
It is undisputed that when respondent was dismissed from employment and repatriated
to the Philippines in June 2004, her original six-month Employment Contract with
SAENCO had already expired.
Per the plain language of respondent's Employment Contract with SAENCO, her
employment would be enforced for the period of six months commencing on the date
respondent departed from the Philippines, and extendible by another six months by
mutual agreement of the parties. Since respondent left for South Korea on September
6, 2003, the original six-month period of her Employment Contract ended on March 5,
2004.
Although respondent's employment with SAENCO was good for six months only (i.e.,
September 6, 2003 to March 5, 2004) as stated in the Employment Contract, the Court
is convinced that it was extended under the same terms and conditions for another six
months (i.e., March 6, 2004 to September 5, 2004). Respondent and petitioners
submitted evidence establishing that respondent continued to work for SAENCO in
Ulsan, South Korea even after the original six-month period under respondent's
Employment Contract expired on March 5, 2004. Ideally, the extension of respondent's
employment should have also been reduced into writing and submitted/reported to the
appropriate Philippine labor authorities. Nonetheless, even in the absence of a written
contract evidencing the six-month extension of respondent's employment, the same is
practically admitted by petitioners, subject only to the defense that there is no proof of
their knowledge of or participation in said extension and so they cannot be held liable
for the events that transpired between respondent and SAENCO during the extension
period. Petitioners presented nine vouchers to prove that respondent received her
salaries from SAENCO for nine months. Petitioners also did not deny that petitioner
Moldes, President of petitioner PTCPI, went to confront respondent about the latter's
outstanding loan at the Seaman's Seven Club in Ulsan, South Korea in June 2004, thus,
revealing that petitioners were aware that respondent was still working for SAENCO up
to that time.
Hence, respondent had been working for SAENCO in Ulsan, South Korea, pursuant to
her Employment Contract, extended for another six-month period or until September 5,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64155
18/27
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