G.R. No. 215290 - Heirs of Feliciano, Jr. vs. Land Bank of the Philippines

Respondent Ma. Victoria H. Malinao applied to petitioner GBMLT Manpower Services, Inc. in May 2005 for a teaching job abroad.
She underwent the usual application process and was interviewed by the president of an Ethiopian university, who endorsed her for the post of accounting lecturer.
Petitioner issued a wage response slip promising a monthly salary of USD 900.
Respondent paid petitioner placement and processing fees equivalent to one-month salary and signed a two-year employment contract approved by the Philippine Overseas Employment Administration (POEA).
Respondent departed for Ethiopia on 12 December 2005.

Upon arrival, respondent was informed by the Ethiopian Ministry of Education to have her credentials re-evaluated due to the absence of a master’s degree.
She was given a second contract identical to the original one, which she eventually signed.
Respondent was assigned to teach at Alemaya University.
On 10 January 2006, she discontinued teaching a course (cooperative accounting) citing specialization in auditing, not accounting. Another lecturer took over, leaving her with no teaching load.

On 1 March 2006, a memorandum was issued for evaluating Filipino teaching staff credentials.
On 15 March 2006, another memorandum re-ranked most Filipino staff, lowering respondent’s designation from lecturer to assistant lecturer with a reduced salary of USD 600.
Respondent refused to sign the new contract and protested with her colleagues at the Ministry of Education on 17 March 2006.
During a meeting on 27 March 2006, Vice President Alamirew verbally terminated respondent, later apologizing for the outburst.
Respondent requested a formal notice of termination to avoid prolonging her ordeal.

Memoranda dated 4 April 2006 detailed students’ petitions against respondent’s teaching and the recommendation to terminate due to incompetence and ineffective handling of courses.
Respondent denied allegations and defended her qualifications as a law graduate and certified public accountant.
On 6 April 2006, Vice President Alamirew issued a formal three-month notice of termination citing incompetence, insults to students and staff, and general unfitness to continue employment.
Respondent responded, denying any insult or misconduct and contending the employer’s accusations lacked substantial evidence.
Alemaya University President offered respondent a different post in the Internal Audit Department on 19 April 2006, which she initially accepted but later rejected on 27 April 2006, citing issues of disrespect and communication barriers.
Respondent was repatriated on 27 June 2006.

On 5 July 2006, respondent signed a Quitclaim and Release in favor of petitioner, accepting USD 900 and releasing all claims related to her deployment.
On 18 July 2006, she filed a complaint before the labor arbiter against petitioner as local agency and Alemaya University as foreign principal, claiming illegal dismissal, unpaid salaries, moral and exemplary damages, and attorney’s fees.

In a Decision dated 29 March 2007, the labor arbiter ruled respondent was constructively dismissed and unduly repatriated.
Ordered petitioner and university to pay USD 4,500 as unpaid salary (less the Quitclaim amount), Php 30,000 moral damages, Php 20,000 exemplary damages, plus costs.
Found the student petition against respondent questionable due to double signatures and inclusion of non-class students.
Held that respondent did not receive procedural due process; no panel reviewed her performance.
Declared Quitclaim and Release invalid as consideration was unconscionable under R.A. 8042 for illegal dismissal claims.

NLRC Decision dated 30 July 2008 dismissed respondent’s complaint, upholding validity of Quitclaim and Release and finding no illegal dismissal.
Ruled termination was not effective upon verbal firing but continuous until three months after notice.
NLRC held that acceptance and later rejection of new post operated as continuation and subsequent termination by respondent.
Found respondent was capable of understanding and freely signing quitclaim; no evidence of coercion or fraud.
Denied motion for reconsideration on 31 October 2008.

CA Decision on 29 May 2009 reversed the NLRC, reinstating the labor arbiter’s ruling with modifications.
Ordered reimbursement of full placement fee plus 12% interest, airfare from worksite to Addis Ababa, increased moral and exemplary damages to Php 50,000 each, and attorney’s fees.
Held that USD 900 quitclaim consideration was unconscionable and invalid; waiver invalidated by distress and economic necessity.
Ruled new contracts requiring demotion and lower salary were invalid without POEA approval (substitution of contracts).
Found petitioner’s appeal before NLRC imperfectly perfected because bond via check cleared beyond allowed period.
Denied petitioner’s motion for reconsideration on 24 August 2009.

Petitioner filed a petition for review on certiorari under Rule 45 assailing the CA Decision and Resolution.

Whether respondent Ma. Victoria H. Malinao was illegally dismissed by Alemaya University.
Whether the Quitclaim and Release executed by respondent is valid and binding.
Whether petitioner GBMLT Manpower Services, Inc.’s appeal before the NLRC was perfected within the reglementary period.