Civil Rabuya

This is a case in which the Court resolves a Petition for Review on Certiorari2 assailing the
September 29, 2011 Decision3 and January 26, 2012 Resolution4 of the Court of Appeals. The
Court of Appeals ruled that Julita M. Aldovino (Aldovino ), Joan B. Lagrimas, Winnie B. Lingat,
Chita A. Sales, Sherly L. Guinto, Revilla S. De Jesus (De Jesus), and Laila V. Orpilla were all
illegally dismissed from
service.
Aldovino and her co-applicants applied for work at Gold and Green Manpower Management and
Development Services, Inc. (Gold and Green Manpower), a local manning agency whose
foreign principal is Sage
International Development Company, Ltd. (Sage n m km milkIntemational).5
Eventually, they were hired as sewers for Dipper Semi-Conductor

Company, Ltd. (Dipper Semi-Conductor), a Taiwan-based company. Their respective
employment contracts provided an eight (8)-hour working day, a fixed monthly salary, and
entitlement to overtime pay, among others.6
Before they could be deployed for work, Gold and Green Manpower required each applicant to
pay a P72,000.00 placement fee. But since the applicants were unable to produce the amount
on their own, Gold and Green
Manpower referred them to E-Cash Paylite and Financing, Inc. (E-Cash Paylite), where they
loaned their placement fees. 7
Once Aldovino and her co-workers arrived in Taiwan, Gold and Green Manpower took all their
travel documents, including their passports. They were then made to sign another contract that
provides that they would be paid
on a piece-rate basis instead of a fixed monthly salary.8
During their employment, Aldovino and her co-workers toiled from 8:00 a.m. to 9:00 p.m. for six
(6) days a week. At times, they were forced to work on Sundays without any overtime premium.
9
Because they were paid on a piece-rate basis, they received less than the fixed monthly salary
stipulated in their original contract. When Aldovino and her co-workers inquired, Dipper
Semi-Conductor refused to disclose the schedule of payment on a piece-rate basis. Eventually,
they defaulted on their loan obligations with E-Cash Paylite. 10
On January 19, 2009, Aldovino and her co-workers, except De Jesus, filed before a local court
in Taiwan a Complaint against their employers, Dipper Semi-Conductor and Sage International.
11
On March 26, 2009, the parties met before the Bureau of Labor Affairs for a dialogue. There,
Dipper Semi-Conductor ordered Aldovino and her co workers to return to the Philippines as it
was no longer interested in their services. They were then made to immediately pack their
belongings, after which they were dropped off at a train station in Taipei. After a few hours, a
friend brought them to the Manila Economic and Cultural Office, where they stayed for a week.
They were then transferred to Hope Shelter, where they remained for four ( 4) months while the
case was pending. 12
Eventually, the parties entered into a Compromise Agreement.
ISSUES:
First, whether or not the Compromise Agreement barred all other claims against respondents
Gold and Green Manpower Management and Development Services, Inc. and Sage
International Development Company,
Ltd., and Alberto C. Alvina; and
Second, whether or not petitioners were illegally dismissed and, consequently, entitled to the
reimbursement of their placement fees and payment of moral and exemplary damages and
attorney's fees.
RULING
Respondents claim that the Compromise Agreement barred petitioners from holding them liable
for claims. This is outright erroneous. Waivers and quitclaims executed by employees are
generally frowned upon for being contrary to public policy. This is based on the recognition that
employers and employees do not stand on equal footing. 4
Quitclaims do not bar employees from filing labor complaints and demanding benefits to which
they are legally entitled. 48 They are "ineffective
in barring recovery of the full measure of a worker's rights, and the acceptance of benefits
therefrom does not amount to estoppel. "49 The law does not recognize agreements that result
in compensation less than what is mandated
by law. These quitclaims do not prevent employees from subsequently claiming benefits to
which they are legally entitled.
Here, the parties entered into the Compromise Agreement to terminate the case for
underpayment of wages, which petitioners had previously filed against respondents in Taiwan.
The object and foundation of the Compromise
Agreement was to settle the payment of salaries and overtime premiums to which petitioners
were legally entitled. Hence, it should not be construed as a restriction on petitioners' right to
prosecute other legitimate claims they may have against respondents.
Paragraph 7 of the Compromise Agreement, which stipulates that petitioners "shall give up
other rights of compensation ... [ and] shall not ask for any compensation based on any other
causes[,]"53 cannot bar petitioners
from filing this case and from being indemnified should respondents be adjudged liable. Blanket
waivers exonerating employers from liability on the claims of their employees are ineffective. 54
Besides, at the time the parties' Compromise Agreement was executed, respondents had just
terminated petitioners from employment. Petitioners, therefore, had no other choice but to
accede to the terms and conditions of the
agreement to recover the difference in their salaries and overtime pay. With no means of
livelihood, they signed the Compromise Agreement out of dire necessity.
II
Respondents further justify the dismissal by arguing that petitioners voluntarily severed their
employment when they signed the Compromise Agreement. This argument is also untenable.
Under the Labor Code, employers may only terminate employment for a just or authorized
cause and after complying with procedural due process requirements. Articles 297 and 300 of
the Labor Code.
A review of the records here shows that the termination of petitioners' employment was effected
merely because respondents no longer wanted their services. This is not an authorized or just
cause for dismissal under the Labor
Code. Employment contracts cannot be terminated on a whim.
Moreover, petitioners did not voluntarily sever their employment when they signed the
Compromise Agreement, which, again, cannot be used to
justify a dismissal.
Furthermore, petitioners were not accorded due process. A valid dismissal must comply with
substantive and procedural due process: there must be a valid cause and a valid procedure.
The employer must comply with the two (2)-notice requirement, while the employee must be
given an opportunity to be heard. 56 Here, petitioners were only verbally dismissed, without any
notice given or having been informed of any just cause for their dismissal.
A statute declared unconstitutional "confers no rights; it imposes no duties; it affords no

protection; it creates no office; it is inoperative as if it has not been passed at all. "65
Incorporating a similarly worded provision in a
subsequent legislation does not cure its unconstitutionality. Without any discemable change in
the circumstances warranting a reversal, this Court will not hesitate to strike down the same
provision.
Hence, petitioners are entitled to the award of salaries based on the actual unexpired portion of
their employment contracts. The award of petitioners' salaries, in relation to the three (3)-month
cap, must be modified accordingly.
(a) the amount equivalent to their salary for the unexpired portion of their employment contract;
(b) the amount equivalent to their placement fee with an interest of twelve percent (12%) per
annum;
( c) moral damages in the amount of Fifty Thousand Pesos
(PS0,000.00) each;
( d) exemplary damages in the amount of Twenty-Five Thousand Pesos (P25,000.00) each;
(e) attorney's fees equivalent to ten percent (10%) of their respective monetary awards; and
(f) legal interest of six percent (6%) per annum of the total monetary awards, except for the
reimbursement of placement fee, which has an interest of 12% per annum, computed from the
finality of this Decision until its full satisfaction. 67

Civil Rabuya

Uploaded by

Copyright:

Available Formats

Civil Rabuya

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Civil Rabuya

Uploaded by

Copyright:

Available Formats

This is a case in which the Court resolves a Petition for Review on Certiorari2 assailing the

Eventually, they were hired as sewers for Dipper Semi-Conductor

Eventually, the parties entered into a Compromise Agreement.

A statute declared unconstitutional "confers no rights; it imposes no duties; it affords no

You might also like