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(3) months for every year of the unexpired term, whichever is
less.
In Skippers United Pacific, Inc. and Skippers Maritime Services, Inc. Ltd. v. Doza,[21]
the Court declared that an unconstitutional clause in the law, being inoperative at the
outset, confers no rights, imposes no duties and affords no protection. Hence, even if
respondents’ illegal dismissal occurred sometime in August 2000,[22] the declaration of
unconstitutionality found in the Serrano case promulgated in March 2009 shall
retroactively apply.
Since the unexpired portion of respondents’ individual two-year contracts is still for 13
months, as they worked in Taiwan for a period of only 11 months, each respondent is
therefore entitled to a total amount of NT$205,920.00[23] or its current equivalent in
Philippine Peso, by way of unpaid salaries, in addition to the other monetary awards
granted by the Labor Arbiter.
WHEREFORE, the instant petition is DENIED. The assailed Decision and Resolution of
the Court of Appeals reinstating in toto the July 12, 2002 Decision of the Labor Arbiter
is AFFIRMED with the MODIFICATION awarding the amount of NT$205,920.00 or
its current equivalent in Philippine Peso to each of the respondents by way of unpaid
salaries for the unexpired portion of their employment contracts. The rest of the
Decision stands.
SO ORDERED.
Carpio, (Chairperson), Brion, Del Castillo, and Perez, JJ., concur.
[1] Penned by Associate Justice Renato C. Dacudao, with Associate Justices Edgardo F.
Sundiam and Japar B. Dimaampao, concurring. Rollo, pp. 36-51.
[2] Id. at 86-87.
[3] Penned by Presiding Commissioner Raul T. Aquino (OFW [M] 01-07-1366-00[CA NO.
030717-02]). Id. at 304-314.
[4] Id. at 354-363.
[5] Penned by Executive Labor Arbiter Joselito Cruz Villarosa. Id. at 222-228.
[6] Per respondents’ Employment Contracts. Id. at 165-180.
[7] Id. at 165-180.
8 Also referred to as “Lamzon” in the records.
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