In the case at bar, the petitioner did not adduce in evidence a certification from a
public authority to the effect that respondent Paramio had been heavily wounded. It also
failed to show that by reason of his thumb injury, he lost the ability to work. Respondent
Paramio was not, for a time, able to perform the backbreaking tasks required by his
manager. However, despite his injury, he managed to perform the other tasks assigned
to him, including carrying of 30-kilogram containers with the exception of the work in the
Lupo Department.[60] The fact that respondent Paramio was assigned to perform the
second hardest and heaviest task in the company shows the heartlessness of the
companys manager. Despite his wound, the respondent tried to accomplish the work
assigned to him. The least the manager should have done was to assign the
respondent to a lighter task, until such time that the latters wound had completely
healed. It must be stressed where there is no showing of a clear, valid and legal cause
for the termination of employment, the law considers the matter a case of illegal
dismissal.[61] Consequently, respondent Paramio is entitled to the full reimbursement of
his placement fee with interest at twelve percent (12%) per annum, plus his salaries for
the unexpired portion of his employment contract for three months for every year of the
unexpired term, whichever is less under paragraph 5, Section 10 of Rep. Act No. 8042.
Section 10. Money Claims
In case of termination of overseas employment without just, valid or authorized cause
as defined by law or contract, the worker shall be entitled to the full reimbursement of
his placement fee with interest at twelve percent (12%) per annum, plus his salaries
for the unexpired portion of his employment contract or three (3) months for every
year of the unexpired term, whichever is less.
[62]
In Skippers Pacific, Inc. v. Mira,[63] we ruled that an overseas Filipino worker who is
illegally terminated shall be entitled to his salary equivalent to the unexpired portion of
his employment contract if such contract is less than one year. However, if his contract
is for a period of at least one year, he is entitled to receive his salaries equivalent to the
unexpired portion of his contract, or three months salary for every year of the unexpired
term, whichever is lower.
In Marsaman Manning Agency, Inc. v. NLRC,[64] involving Section 10 of Rep. Act No.
8042, we held:
[W]e cannot subscribe to the view that private respondent is entitled to three (3)
months salary loan only. A plain reading of Sec. 10 clearly reveals that the choice of
which amount to award an illegally dismissed overseas contract worker, i.e., whether
his salaries for the unexpired portion of his employment contract or three (3) months
salary for every year of the unexpired term, whichever is less, comes into play only
when the employment contract concerned has a term of at least one (1) year or
more. This is evident from the words for every year of the unexpired term which
follows the words salaries x x x for three months. To follow petitioners thinking that
private respondent is entitled to three (3) months salary only simply because it is the