4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, premises considered, the instant petition is PARTIALLY GRANTED. The Decision of public respondent is MODIFIED in the following manner: a. [Tangga-an] is entitled to three (3) months salary representing the unexpired portion of his contract in the total amount of US$15,000.00 or its peso equivalent at the exchange rate prevailing at the time of payment; b. [Tangga-an’s] placement fee should be reimbursed with 12% interest per annum; c. [T]he award of attorney’s fees is deleted. SO ORDERED.[16] The CA adhered to the finding of illegal dismissal. But on the subject of monetary awards, the CA considered only petitioner’s monthly US$5,000.00 basic salary and disregarded his monthly US$2,500.00 vacation leave pay and US$700.00 tonnage bonus. It likewise held that petitioner’s “unexpired portion of contract” for which he is entitled to back salaries should only be three months pursuant to Section 10[17] of RA 8042. In addition, petitioner should be paid back his placement fee with interest at the rate of twelve per cent (12%) per annum. As to attorney’s fees, the CA did not agree with the NLRC’s finding that bad faith on the part of respondents was present to justify the award of attorney’s fees. It held that there is nothing from the facts and proceedings to suggest that respondents acted with dishonesty, moral obliquity or conscious doing of wrong in terminating petitioner’s services. Petitioner filed a Motion for (Partial) Reconsideration,[18] which was denied in the assailed November 15, 2007 Resolution. Thus, he filed the instant Petition. Issues In this Petition, Tangga-an seeks a modification of the CA Decision and the reinstatement of the monetary awards as decreed in the Labor Arbiter’s January 27, 2004 Decision, or in the alternative, the grant of back salaries equivalent to four months which corresponds to the unexpired portion of the contract, inclusive of vacation leave pay and tonnage bonus, plus 10% thereof as attorney’s fees.[19] Petitioner submits the following issues for resolution: I. Whether x x x the CA’s issuance of the writ of certiorari reversing the NLRC decision is in accordance with law[;] II. Whether x x x the indemnity provided in Section 10, R. A. 8042 x x x be elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55699 5/12