4/10/2020
E-Library - Information At Your Fingertips: Printer Friendly
the POEA recourse a case of forum shopping.
The respondents appealed to the National Labor Relations Commission (NLRC). They
argued that the labor arbiter committed serious errors in (1) admitting in evidence the
quitclaims and releases they executed in Dubai, which were mere photocopies of the
originals and which failed to explain the circumstances behind their execution; (2)
failing to consider that the compromise agreements they signed before the POEA
covered only the refund of their airfare and not all their money claims; and (3) ruling
that they violated the rule on non-forum shopping.
On May 12, 2009, the NLRC granted the appeal.[11] It ruled that the respondents had
been illegally dismissed. It anchored its ruling on the new employment contracts they
were made to sign in Dubai. It stressed that it is illegal for an employer to require its
employees to execute new employment papers, especially those which provide benefits
that are inferior to the POEA-approved contracts.
The NLRC rejected the quitclaim and release executed by the respondents in Dubai. It
believed that the respondents executed the quitclaim documents under duress as they
were afraid that they would not be allowed to return to the Philippines if they did not
sign the documents. Further, the labor tribunal disagreed with the labor arbiter’s
opinion that the compromise agreement they executed before the POEA had effectively
foreclosed the illegal dismissal complaint before the NLRC and that the respondents had
been guilty of forum shopping. It pointed out that the POEA case involved predeployment issues; whereas, the complaint before the NLRC is one for illegal dismissal
and money claims arising from employment.
Consequently, the NLRC ordered the agency, Nacino and Modern Metal to pay, jointly
and severally, the respondents, as follows:
WHEREFORE, the Decision dated 30 April 2008 is hereby REVERSED and SET
ASIDE, a new Decision is hereby issued ordering the respondents PERT/CPM
MANPOWER EXPONENTS CO., INC., ROMEO NACINO, and MODERN METAL
SOLUTIONS, INC. to jointly and severally, pay the complainants the
following:
Employee
Underpaid
Salary
Vinuya,
ARMANDO
150 x 6
900 AED
= USD 400
8100 AED
P20,000.00
Alcantara
VIRGILIO
150 X 4
600 AED
= USD 400
8100 AED
P20,000.00
Era, MARINO
350 x 4
1400 AED
= USD 400
8100 AED
P20,000.00
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55155
Placement Salary for the Exemplary
fee
unexpired
Damages
portion of the
contract
(1350 x 6
months)
3/15