Case Digest (G.R. No. 189262)
Facts:
GBMLT Manpower Services, Inc. v. Ma. Victoria H. Malinao, G.R. No. 189262, July 06, 2015, Supreme Court First Division, Sereno, C.J., writing for the Court.
Petitioner is GBMLT Manpower Services, Inc. (local agency); respondent is Ma. Victoria H. Malinao (deployed teacher/lecturer).
In May 2005 respondent applied for and was recruited by petitioner for deployment as an accounting lecturer to Alemaya University in Ethiopia. She signed a two‑year, POEA‑approved Contract of Employment providing a monthly salary of USD 900 and paid petitioner processing/placement fees equal to one month’s salary. She departed for Ethiopia on 12 December 2005 and, upon arrival, was asked to sign a duplicate contract and later faced credential review by the Ethiopian Ministry of Education.
Respondent was initially assigned teaching duties but on 10 January 2006 she ceased teaching a particular course, citing a specialization mismatch; another lecturer took over and respondent had no teaching load thereafter. In March 2006 university memoranda re‑ranked Filipino staff and sought signatures on new contracts that reduced respondent’s designation and salary; she refused to sign. On 27 March 2006, during a meeting to discuss the staff protest, Vice President Tena Alamirew allegedly told respondent she was fired, later apologizing and clarifying a misunderstanding. Respondent requested a formal notice of termination; a notice dated 6 April 2006 followed, citing alleged incompetence and giving a three‑month advance termination as per Article X of the contract.
While awaiting the three‑month period, the university offered respondent an Internal Audit Department post, which she accepted in writing on 19 April 2006 but later reversed by letter dated 27 April 2006, refusing the new position. Respondent was repatriated on 27 June 2006 and on 5 July 2006 she executed a Quitclaim and Release in favor of petitioner for USD 900. On 18 July 2006 she filed a complaint with the Labor Arbiter against petitioner (local agency) and Alemaya University (foreign principal) claiming illegal dismissal, unpaid wages for the unexpired portion of the contract, reimbursement of placement fees, moral and exemplary damages, and attorney’s fees.
The Labor Arbiter, in a decision dated 29 March 2007, found respondent constructively dismissed and awarded USD 4,500 (unrealized income, net of the quitclaim), Php 30,000 moral damages, Php 20,000 exemplary damages, and costs. The Arbiter held the quitclaim ineffective given its inadequate consideration compared to R.A. 8042 Section 10 entitlements and found the students’ petition questionable.
Petitioner appealed to the NLRC. Respondent filed an omnibus motion arguing among others that petitioner’s appeal was not perfected within the ten‑day period because the appeal bond check was presented for payment only on the last day and cleared three days later. The NLRC, in a Decision dated 30 July 2008, dismissed respondent’s complaint, ruling the quitclaim valid and that respondent’s acceptance—and subsequent rejection—of the Internal Audit post amounted to her termination of employment. The NLRC further accepted the appeal bond posted by petitioner in the form of a check.
Respondent sought relief before the Court of Appeals (CA) by petition for certiorari alleging grave abuse of discretion by the NLRC. The CA, in a decision dated 29 May 2009, reinstated the Labor Arbiter’s decision with modifications: it ordered reimbursement of placement fees with 12% interest and airfare from Dire Dawa to Addis Ababa, increased moral and exemplary damages to Php 50,000 each, and attorney’s fees of 10% of the monetary award; it also held petitioner’s appeal untimely for posting the appeal bond by check ...(Pro-only)
Issues:
- Was respondent illegally dismissed from her overseas employment?
- Is the Quitclaim and Release executed by respondent valid and binding?
- Was petitioner’s appeal to the NLRC perfected within the regleme...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)