G.R. No. 60502 - Pedro Lopez Dee vs. Securities and Exchange Commission, Hearing Officer Emmanuel Sison, Naga Telephone Co., Inc.

Petitioner Ernesto P. Gutierrez, an Overseas Filipino Worker, was hired by NAWRAS Manpower Services, Inc. to work as a “driver vehicle road” for Al-Adhamain Co. Ltd. in Saudi Arabia.
His original contract was for two years with a monthly basic salary of SR2,300.00, supplemented by SR300.00 food allowance, free accommodation, two hours’ daily overtime, and the provision of a service vehicle.

Petitioner was deployed on July 31, 2013, but encountered several irregularities in the payment of his wages.
Upon arrival in Saudi Arabia, he was placed on a floating status, received his salary only from November 2013 onward, and experienced delays including the receipt of two months’ salary lumped together on December 2, 2013.
Although provided with a service vehicle on December 3, 2013, he was required to shoulder his own gasoline expenses when traveling to Al-Adhamain’s asphalt plant.

On February 15, 2014, following an internal transfer and clearance from Al-Adhamain’s administrator, petitioner was informed that his contract would be terminated and that he would be repatriated upon completion of clearance requirements.
Petitioner was advised to secure repatriation on his own, and although he spent SR3,100.00 on his airline ticket, he was reimbursed only SR2,000.00 by Al-Adhamain’s owner.
Subsequent to repatriation, petitioner filed a complaint for illegal dismissal with claims covering unpaid overtime, unpaid salaries (including his last month's salary), excess airfare, termination pay, damages, and attorney’s fees.

The Labor Arbiter (LA) issued a Decision on March 30, 2015, finding petitioner illegally dismissed due to respondents’ failure to support allegations of poor performance and ordering awards for:

Refund of the SR2,300.00 placement fee,
Unpaid salary computed as 17.5 months’ worth (SR40,250.00) for the unexpired contract period,
Reimbursement of excess airfare amounting to SR1,100.00.

The National Labor Relations Commission (NLRC) affirmed the LA’s Decision in its July 30, 2015 Resolution, reiterating that poor performance does not automatically equate to gross and habitual neglect.
Respondents sought redress by appealing to the Court of Appeals (CA) via a Petition for Certiorari:

The CA, on March 20, 2017, upheld the determination of illegal dismissal but modified the monetary awards by reducing the salary award from SR40,250.00 to SR13,800.00, deleting the excess airfare refund, and omitting attorney’s fees on grounds including insufficient factual findings underpinning the latter award.

Petitioner, contending that Section 7 of R.A. 10022 should not be applicable due to its unconstitutionality as declared in Sameer Overseas Placement Agency, Inc. v. Cabiles, now seeks the reinstatement of the LA’s original awards.

Whether petitioner was illegally dismissed despite claims of poor performance by respondents.
Whether the CA’s reduction of petitioner's unpaid salary award from SR40,250.00 to SR13,800.00 was proper under the applicable law.
Whether petitioner is entitled to a refund of his placement fee given that he was not actually charged for such fee.
Whether petitioner successfully substantiated his claim for reimbursement of the excess SR1,100.00 airfare expense.
Whether petitioner is entitled to recover 10% attorney’s fees under Article 111 of the Labor Code as a remedy for the unlawful withholding of wages.
Whether the withholding of petitioner’s November 2013 salary, purportedly applied as a placement fee deduction, should be repaid.
Whether petitioner is entitled to additional moral and exemplary damages based on the nature of his dismissal.