deployment in Taiwan was approximately P100,000, more or less, the labor arbiter
granted each of them a refund of their placement fee in the amount of P75,000.[41]
Aggrieved, the petitioner appealed before the National Labor Relations Commission
(NLRC), docketed as NLRC NCR CA 017927-99. It raised the following grounds:
GRAVE ABUSE OF DISCRETION, AND SERIOUS ERROR IN THE FINDING
OF FACTS WHICH IF NOT CORRECTED WOULD CAUSE GRAVE AND
IRREPARABLE DAMAGE TO THE RESPONDENT
[42]
The petitioner insisted that the dismissal of the complainants was anchored on valid
and legal grounds; as such, the labor arbiter erred in ruling for the respondents and
awarding a refund of their airfares, placement fees and payment of salaries for the
unexpired portion of their respective contracts of employment.
On March 29, 1999, the NLRC issued a resolution[43] finding that the respondents
were legally dismissed and set aside the decision of the labor arbiter. The decretal
portion of the decision reads as follows:
WHEREFORE, premises considered, the Decision appealed from is hereby SET
ASIDE and the instant case dismissed for lack of merit.
[44]
In reversing the decision of the labor arbiter, the NLRC made the following findings:
(a) respondent Navarra did not refute the allegation of the petitioner that he had an
altercation with his supervisor; (b) respondent Navarras execution of a deed of release
and quitclaim released the petitioner from any or all liability on account of his
repatriation; (c) the repatriation of complainant Paramio was sanctioned by Article VIII,
paragraphs 5 and 6 of his employment contract; and, (d) the written documents
executed by the remaining respondents showed that they voluntarily resigned from their
employment.
Dissatisfied, the respondents filed a motion for reconsideration[45] of the resolution,
but the NLRC denied the motion in a Resolution dated May 17, 1999.[46]
The respondents filed a petition for certiorari under Rule 65 of the Rules of Court
against the petitioner before the Court of Appeals, docketed as CA-G.R. SP No.
54744.The respondents (petitioners therein) raised the following issues:
1. WHETHER OR NOT THE PETITIONERS WERE ILLEGALLY DISMISSED WHEN
THEY WERE REPATRIATED TO THE PHIL. BY THEIR TAIWAN EMPLOYER.
2. WHETHER OR NOT THE THUMB INJURY SUFFERED BY JOSEPH PARAMIO
WHILE AT WORK [SHOULD] BE CONSIDERED A LEGAL GROUND FOR HIS
REPATRIATION.
3. WHETHER OR NOT RONALD NAVARRAS REPATRIATION AND EXECUTION OF
QUITCLAIM AND RECEIPT OF P49,000 BE SUFFICIENT GROUND TO
CONCLUDE HIS WAIVER OF RIGHT AGAINST ILLEGAL DISMISSAL.