1/5/2021
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unexpired portion of the contract. Therefore, petitioner is entitled to attorney's fees.
Petitioner is entitled to
repayment of his last salary
Petitioner was not given his November 2013 salary because Al Adhamain withheld it "as
[petitioner's] placement fee."[35] The said salary deduction was improper because an
illegally dismissed migrant worker is entitled to a full reimbursement of his/her
placement fee. The LA's directive to refund petitioner's placement fee is really one for
the repayment of petitioner's November 2013 salary because petitioner never paid
respondents a placement fee.
Petitioner is not entitled to
12%
interest
on
the
"refund" of placement fee
The LA, the NLRC, and the CA incorrectly considered petitioner entitled to a "refund" of
his placement fee because petitioner's latest salary (i.e., for November 2013) was
deducted for such purpose. Petitioner is not entitled to a refund because he never paid
respondents any placement fee. Consequently, petitioner is not entitled to a 12%
interest on the same.
Petitioner is not entitled to
moral
and
exemplary
damages
Petitioner claimed to have substantially proven respondents' wanton, oppressive, and
malevolent manner in terminating him to entitle petitioner to an award of moral and
exemplary damages. However, the LA and the CA both found petitioner's evidence
insufficient to prove his entitlement to moral and exemplary damages. Thus, We shall
not disturb these factual findings as this Court is not a trier of facts in petitions for
review on certiorari.
Petitioner is entitled to
legal
interest
on
the
judgment award
In the case of Lara's Gifts & Decors, Inc. v. Midtown Industrial Sales, Inc.,[36] this
Court clarified the imposition of interest previously stated in the case of Nacar v.
Gallery Frames.[37] When the monetary obligation does not constitute a loan or
forbearance of money, goods, or credits and there is no stipulation as to the payment
of interest on the damages, a legal interest of 6% per annum under Article 2209[38] of
the Civil Code shall be imposed. The imposition of such legal interest shall be reckoned
from the date of extrajudicial or judicial demand and shall continue to run until full
payment.[39] In the case of Hun Hyung Park v. Eung Won Choi,[40] this Court explained
that such interest - called compensatory interest - will not be subject to the imposition
of further interest under Article 2212[41] of the Civil Code.
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