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

Select target paragraph3