4/10/2020
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adea, NOEL
150 x 5
750 AED
= USD 400
8100 AED
P20,000.00
Ordovez,
LOUIE
250 X 3
750 AED
= USD 400
8100 AED
P20,000.00
Anipan,
ROBELITO
150 x 4
600 AED
= USD 400
8100 AED
P20,000.00
Enjambre,
SANDY
150 x 4
600 AED
= USD 400
8100 AED
P20,000.00
Lumanta,
ARSENIO
250 x 5
1250 AED
= USD 400
8100 AED
P20,000.00
TOTAL:
6,850 AED
US$3,200 64,800 AED
P400,000.00
or their peso equivalent at the time of actual payment plus attorney[‘]s fees
equivalent to 10% of the judgment award.[12]
The agency moved for reconsideration, contending that the appeal was never perfected
and that the NLRC gravely abused its discretion in reversing the labor arbiter’s decision.
The respondents, on the other hand, moved for partial reconsideration, maintaining
that their salaries should have covered the unexpired portion of their employment
contracts, pursuant to the Court’s ruling in Serrano v. Gallant Maritime Services, Inc.
[13]
The NLRC denied the agency’s motion for reconsideration, but granted the respondents’
motion.[14] It sustained the respondents’ argument that the award needed to be
adjusted, particularly in relation to the payment of their salaries, consistent with the
Court’s ruling in Serrano. The ruling declared unconstitutional the clause, “or for three
(3) months for every year of the unexpired term, whichever is less,” in Section 10,
paragraph 5, of R.A. 8042, limiting the entitlement of illegally dismissed overseas
Filipino workers to their salaries for the unexpired term of their contract or three
months, whichever is less. Accordingly, it modified its earlier decision and adjusted the
respondents’ salary entitlement based on the following matrix:
Employee
Duration of Departure
Date
Unexpired portion
Contract
date
dismissed
of contract
Vinuya,
2 years
29 March 8 August 19 months and 21
ARMANDO
2007
2007
days
Alcantara,
2 years
3
April 8 August 20 months and 5
VIRGILIO
2007
2007
days
Era, MARINO 2 years
12
May 8 August 21 months and 4
2007
2007
days
Ladea, NOEL 2 years
29 March 8 August 19 months and 21
2007
2007
days
Ordovez,
2 years
3
April 26
July 21 months and 23
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55155
4/15