employment. Despite protestations to their employer and the attempt to seek help from
the OWWA in Taiwan, they were victims to the following acts/omissions of their
employer:
a). Irregular and deliberate charging of deductions which were not fully
accounted such as the blankets issued, charging of penalties amounting to 400
NT to all employees for a littering violation attributable only to one
employee;
b). Mandatory imposition of overtime work exceeding 10 hours without just
overtime compensation and night shift differentials;
c). Failure to comply with some stipulations stated in the Employment
Contract particularly those relating to the accommodation and lodging of the
contracted workers;
d). Lack of observance of safety precautions at work area .
[78]
1. They dont give us day off.
2. They feed us once a day.
3. They even let us work without rest.
4. Their (sic) were so many deductions in our salaries like payment for our
boarding house, electricity and garbage fee.
5. The money they were sending to the Philippines was also reduced with the
amount ranging from P2000 to P5000.
[79]
The petitioner failed to adduce substantial evidence to overcome the evidence of
the respondents as contained in their respective affidavits. Contrary to the petitioners
claim, the said affidavits are not hearsay evidence. The respondents were the victims of
the abuses of their employer; as such, they had personal knowledge of the contents of
their affidavits. Moreover, when there is a doubt between the evidence presented by the
employer and the employee, such doubt should be resolved in favor of labor.[80]
On the letters of resignation of respondents Sarmiento, Bautista and the agreement
of Curameng, Jr., we agree with the ruminations of the appellate court, viz:
It is not necessary that there be an express termination of ones services before a case
of illegal dismissal can exist. In the landmark case of Philippine Japan Active Carbon
Corporation vs. National Labor Relations Commission, et al (171 SCRA 164) the
Supreme Court ruled that a constructive discharge is defined as: A quitting because