lesser amount is to completely disregard and overlook some words used in the statute
while giving effect to some. This is contrary to the well-established rule in legal
hermeneutics that interpreting a statute, care should be taken that every part or word
thereof be given effect since the lawmaking body is presumed to know the meaning of
the words employed in the statute and to have used them advisedly. Ut res magis
valeat quam pereat.
Respondent Paramio was deployed on December 6, 1996.[65] His contract was for a
period of twelve months or one year.[66] He was repatriated on September 23, 1997,
approximately two months from the expiration of his contract. [67] Since the termination of
his employment was not based on any valid or legal ground, he is entitled to the
payment of his salary equivalent to the unexpired portion of his contract. He is likewise
entitled to full reimbursement of his placement fee. Based on the record, respondent
Paramio paid a placement fee of P19,000.[68] Thus, he should be reimbursed the amount
of P19,000 with 12% interest per annum.
Similarly, the petitioner failed to substantiate its claim that respondent Navarras
repatriation was based on a valid, legal and just cause. The petitioner merely alleged
that it was made clear to respondent Navarra that his repatriation was due to the fight
he had with his supervisor.[69] Contrary to the allegation of the petitioner, respondent
Navarra denied this in his affidavit, as well as in his reply to the position paper of the
petitioner. Respondent Navarra asserted that he merely enforced his rights under the
employment contract when he requested, time and again, that the provisions of his
contract regarding the accommodation be fulfilled.[70] The claim of petitioner that
respondent Navarra shouted invectives against his supervisor[71] was, likewise,
unsubstantiated. The petitioner did not even present an affidavit of the superior with
whom the respondent reportedly fought. Indeed, while fighting a supervisor may
constitute serious misconduct[72] and may, consequently, be considered a ground for
dismissal, in light of the petitioners failure to adduce substantial evidence to prove its
claim that respondent Navarra fought his supervisor, this ground cannot be used to
justify the dismissal.Thus, the termination of respondent Navarras employment was
without factual and legal basis.
Respondent Navarra was deployed on November 6, 1996.[73] He was repatriated
on May 10, 1997, approximately five months prior to the expiration of his one-year
contract. Considering our ruling in Marsamman Manning Agency v. NLRC,[74] he shall be
entitled to an amount equivalent to three months salary, or NT$46,080. Similarly, having
admitted that he paid a placement fee of P19,000[75] only, he is entitled to be fully
reimbursed therefore, plus 12% interest per annum.
As to the other respondents, the petitioner alleges that they refused to go to work
and, in fact, voluntarily resigned. It appended the daily time records[76] of respondents
Apolinario, Sarmiento, Ferdinand (Bautista) and Recto (Guillermo), as well as the
resignation letters of Bautista and Sarmiento,[77] and Curameng, Jr.s written agreement
with their employer.
We do not agree. The records reveal that the three respondents agreed to execute
the foregoing because they could no longer bear the working conditions in their place of