CTI elevated the case before the Supreme Court by way of petition for
review on certiorari under Rule 45 of the Rules of Court. On July 8, 2019, the
Supreme Court rendered its decision finding that Sales is entitled to partial
disability benefits only in the amount of US$11,757.00 plus 10% attorney’s
fees and six percent (6%) interest from the date of the filing of the claim on
October 4, 2006, until fully paid.
It took more than twelve (12) years of litigation before Sales was
finally awarded partial disability benefits. His case stayed at the Supreme
Court level for eight (8) years, more or less. Fortunately for Sales, he was
also awarded by the Supreme Court a 6% interest on his claims counted from
the date he filed his complaint before the NLRC on October 4, 2006, until
fully paid.
Just how long does it really take to resolve with finality OFW cases for money claims
arising out of illegal dismissal or violations of the overseas employment contract that go
through the entire judicial process?
Single Entry Approach
(SEnA)
NLRC
Labor Arbiter
NLRC
Commission Proper
Court of Appeals
(CA)
Supreme Court
(SC)
The process starts with the Single Entry Approach (SEnA) as required under DOLE
Department Order No. 151-16, series of 2016, entitled “Implementing Rules and Regulations
of Republic Act No. 10396, or “An Act Strengthening Conciliation-Mediation as a Voluntary
Mode of Dispute Settlement for all Labor Cases, amending for this purpose Article 228 of
Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the
Philippines.”
Under this system, all issues arising from labor and employment, which necessarily
includes OFW cases, shall be subject to a 30-day mandatory conciliation-mediation services
of the SEnA. Single Entry Assistance Desks (SEADs) were established, among others, in the
NLRC, POEA, OWWA, and Philippine Overseas Labor Offices (POLOs) for the purpose of
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