5/28/2020
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can do as they please in their own country. While these workers may indeed
have relatively little defense against exploitation while they are abroad, that
disadvantage must not continue to burden them when they return to their
own territory to voice their muted complaint. There is no reason why, in
their very own land, the protection of our own laws cannot be extended to
them in full measure for the redress of their grievances.[142]
But it seems that we have not said enough.
We face a diaspora of Filipinos. Their travails and their heroism can be told a million
times over; each of their stories as real as any other. Overseas Filipino workers brave
alien cultures and the heartbreak of families left behind daily. They would count the
minutes, hours, days, months, and years yearning to see their sons and daughters. We
all know of the joy and sadness when they come home to see them all grown up and,
being so, they remember what their work has cost them. Twitter accounts, Facetime,
and many other gadgets and online applications will never substitute for their lost
physical presence.
Unknown to them, they keep our economy afloat through the ebb and flow of political
and economic crises. They are our true diplomats, they who show the world the
resilience, patience, and creativity of our people. Indeed, we are a people who
contribute much to the provision of material creations of this world.
This government loses its soul if we fail to ensure decent treatment for all Filipinos. We
default by limiting the contractual wages that should be paid to our workers when their
contracts are breached by the foreign employers. While we sit, this court will ensure
that our laws will reward our overseas workers with what they deserve: their dignity.
Inevitably, their dignity is ours as well.
WHEREFORE, the petition is DENIED. The decision of the Court of Appeals is
AFFIRMED with modification. Petitioner Sameer Overseas Placement Agency is
ORDERED to pay respondent Joy C. Cabiles the amount equivalent to her salary for
the unexpired portion of her employment contract at an interest of 6% per annum from
the finality of this judgment. Petitioner is also ORDERED to reimburse respondent the
withheld NT$3,000.00 salary and pay respondent attorney’s fees of NT$300.00 at an
interest of 6% per annum from the finality of this judgment.
The clause, “or for three (3) months for every year of the unexpired term, whichever is
less” in Section 7 of Republic Act No. 10022 amending Section 10 of Republic Act No.
8042 is declared unconstitutional and, therefore, null and void.
SO ORDERED.
Carpio, Acting C.J., Velasco, Jr., Leonardo-De Castro, Peralta, Bersamin, Del Castillo,
Villarama, Jr., Perez, Mendoza, Reyes, and Perlas-Bernabe, JJ., concur.
Sereno, C.J., on Leave.
Brion, J., see dissenting opinion.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57319
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