7/7/2021 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, premises considered, judgment is hereby rendered dismissing complainant's claim for illegal dismissal for lack of merit. However, [petitioners] are ordered to pay complainant Rolando B. Mesina the sum of FOUR THOUSAND SAUDI RIYALS (SR4,000.00) or its peso equivalent at the time of payment, representing payment of his separation PayAll other claims are dismissed for lack of merit. SO ORDERED.[20] Ruling of the National Labor Relations Commission (NLRC): Mesina subsequently filed an appeal with the NLRC. However, in its May 29, 2009 Decision,[21] the NLRC affirmed the findings of the Labor Arbiter. It held that Mesina's dismissal was based on an authorized cause under the terms and conditions in his employment contract, that is, an employee will be repatriated if his illness, if incurred while working, is prolonged or is found to be permanent.[22] The dispositive portion of said Decision reads: WHEREFORE, the appealed Decision is hereby AFFIRMED and the appeal of complainant is DISMISSED for lack of merit.[23] Mesina filed a Motion for Reconsideration of the foregoing Decision, which the NLRC denied in its February 26, 2010 Resolution.[24] Ruling of the Court of Appeals: Displeased, Mesina filed a Petition for Certiorari under Rule 65 of the Rules of Court with the CA.[25] In said petition, he prayed that the NLRC's Decision and Resolution be declared null and void for having been issued with grave abuse of discretion.[26] In its March 11, 2014 Decision, the CA found that petitioners herein illegally dismissed Mesina when his contract was pre-terminated and he was repatriated back to the Philippines without any just or authorized cause.[27] Contrary to the NLRC's findings, the CA held that MAZCO pre-terminated Mesina's contract and repatriated him without any showing that his disease had been a prolonged one, or that such disease was found to be permanent.[28]Furthermore, the appellate court pointed out that petitioners herein "failed to prove, through the required Certification from a competent public authority, that petitioner Mesina's disease was of such nature or was at such a stage that the disease could not be cured within six (6) months even after proper medical treatment, or, that petitioner's continued employment was prejudicial to his health or to those of his colleagues."[29] The fallo of said Decision reads: WHEREFORE, the Petition is GRANTED. The assailed Decision and Resolution are SET ASIDE and REVERSED. A new one is rendered DECLARING private respondents Omanfil International Manpower Development Corporation and Modh Al-Zoabi Technical Projects Corporation https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66825 3/9