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the exceptional case of clear and existing danger to the safety of the crew or vessel
that the required notices may be dispensed with, and, once again, records are bereft of
evidence showing that such was the situation when Avestruz was dismissed.
Finally, with respect to the monetary awards given to Avestruz, the Court finds the
same to be in consonance with Section 10 of RA 8042, as amended by RA 10022, which
reads:
Section 10. Money claims. – x x x.
xxxx
In case of termination of overseas employment without just, valid or
authorized cause as defined by law or contract, or any unauthorized
deductions from the migrant worker’s salary, the worker shall be entitled to
the full reimbursement of his placement fee and the deductions made with
interest at twelve percent (12%) per annum, plus his salaries for the
unexpired portion of his employment contract or for three (3) months for
every year of the unexpired term, whichever is less.[77]
xxxx
Similarly, the Court affirms the grant of attorney’s fees of ten percent (10%) of the
total award. All other monetary awards are denied for lack of merit.
WHEREFORE, the petition is DENIED. The Decision dated January 4, 2013 and the
Resolution dated April 16, 2013 rendered by the Court of Appeals in CA-G.R. SP No.
125773 are hereby AFFIRMED.
SO ORDERED.
Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Perez, JJ., concur.
* Avertruz in some parts of the record.
[1] Rollo, pp. 58-76.
[2] Id. at 81-96. Penned by Associate Justice Celia C. Librea-Leagogo with Associate
Justices Franchito N. Diamante and Melchor Quirino C. Sadang concurring.
[3] Id. at 98-99. Penned by Associate Justice Celia C. Librea-Leagogo with Associate
Justices Nina G. Antonio-Valenzuela and Melchor Q.C. Sadang concurring.
[4] Id. at 25-32. Penned by Commissioner Dolores M. Peralta-Beley with Commissioner
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