Case Digest (G.R. No. 205703) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Industrial Personnel & Management Services, Inc. (IPAMS), SNC Lavalin Engineers & Contractors, Inc. and Angelito C. Hernandez v. Jose G. de Vera and Alberto B. Arriola, petitioners IPAMS (a Philippine recruitment agency headed by Angelito C. Hernandez) and its Canadian principal SNC Lavalin engaged respondent Alberto B. Arriola, a Philippine-licensed general surgeon, as Safety Officer at the Ambatovy Project in Madagascar. Through a May 1, 2008 offer letter and a June 5, 2008 letter of understanding, Arriola accepted a nineteen-month contract (June 9, 2008–December 31, 2009) at CA$32.00 per hour for forty hours weekly, processed with the POEA. After three months he received a pre-termination notice dated September 9, 2009, was repatriated on September 15, and paid CA$2,636.80 under Ontario law. Aggrieved, Arriola filed before the Labor Arbiter (LA) a complaint for illegal dismissal and unpaid salary for the remaining three months (approx. P1,062,936.00). The petitioners denie Case Digest (G.R. No. 205703) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties
- Petitioners: Industrial Personnel & Management Services, Inc. (IPAMS) – Philippine placement agency, and SNC Lavalin Engineers & Contractors, Inc. (SNCL) – Canadian principal
- Respondent: Alberto B. Arriola – licensed general surgeon in the Philippines
- Employment Contract and Deployment
- Position: Safety Officer at SNCL’s Ambatovy Project in Madagascar
- Terms: CA$32.00/hour, 40 hours per week, 19-month term (June 9, 2008–December 31, 2009), processed and approved by POEA
- Termination and Proceedings
- Pre-termination notice dated September 9, 2009 due to reduced workload; repatriated September 15, 2009; paid CA$2,636.80 under Canadian law
- Arriola filed for illegal dismissal and unpaid benefits:
- Labor Arbiter applied Ontario’s Employment Standards Act (ESA) and dismissed complaint
- NLRC reversed, applied Philippine law (Labor Code & RA 8042), awarded CA$81,920
- Execution trimmed award to 3 months + 3 weeks (CA$26,880); CA further reduced backpay to CA$19,200 and confirmed illegal dismissal; petitioners elevated to Supreme Court
Issues:
- Validity of Dismissal and Governing Law
- Was Arriola validly dismissed under the terms of his contract and Canadian law?
- Should Philippine or Canadian law govern his overseas employment contract?
- Computation and Deductions of Award
- Should backpay be calculated on a 6-week on/2-week off schedule or a 40-hour week?
- Should prior payment of CA$2,636.80 (and home-leave benefits) be deducted from any award?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)