5/28/2020
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should be limited only to validly substantiated claims under the two-year POEAapproved contract. If the claims were under the four-year contract, there is no
showing that it was the contract that had been implemented in the jobsite;
furthermore, it was not a party to this four-year contract. Lastly, it took exception to
the exorbitant award of damages to Binalla – P500,000.00 each for moral and
exemplary damages.
The Court’s Action on the Petition and Related Incidents
In a Resolution[24] dated August 8, 2011, the Court denied the petition for failure to
sufficiently show any reversible error in the assailed judgment of the CA. This
prompted Princess Joy to move for reconsideration[25] based on the same arguments in
support of the petition. The Court then required Binalla to comment on the motion for
reconsideration.[26]
Binalla’s Comment
In his Comment[27] filed without the assistance of counsel, Binalla stands firm on his
position that Princess Joy’s appeal to the NLRC was not perfected as it failed to post a
bond equivalent in amount to the labor arbiter’s award within the ten-day appeal
period.
On the merits of the case, Binalla takes exception to the claim that Princess Joy has
been a “victim of gross and manifest injustice.”[28] He submits that on the contrary, he
was a victim to the kind of injustice Princess Joy speaks about. He reiterates his deep
misgivings over what happened to his employment in Saudi Arabia where he was made
to work with a monthly salary of US$400, which to his knowledge was for four years,
only to find out that he was entitled to $550 and just for two years. He laments that
not only was he made to work under a contract inferior to that certified by the POEA;
his employer even violated the contract in terms of withholding or non-payment of
employee benefits due him. He thus entreats the Court to deny Princess Joy’s motion
for reconsideration.
The Court’s Ruling
We partially grant the motion for reconsideration.
The appeal bond issue
The NLRC committed no grave abuse of discretion in taking cognizance of and acting on
Princess Joy’s motion to reduce the appeal bond as it is allowed under Rule VI, Section
6 of the NLRC 2005 Revised Rules of Procedure,[29] and the motion was filed within the
ten-day appeal period, together with the notice of appeal and the memorandum of
appeal. Also, the motion was accompanied by a surety bond of P250,000.00, an
indication of a genuine effort on the part of the agency to comply with the bond
requirement.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57076
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