Title
Sevillana vs. I.T. Corp.
Case
G.R. No. 99047
Decision Date
Apr 16, 2001
Overseas worker Omar Sevillana sued for underpayment, illegal dismissal, and airfare reimbursement after being repatriated without valid cause. The Supreme Court ruled in his favor, holding the employer and agency jointly liable for contract violations.
driver
saudi arabia
underpayment
A

Case Digest (G.R. No. 99047)

Facts:

  • Background of Employment and Contractual Agreement
    • Petitioner Omar Sevillana was contracted in November 1987 by private respondent I.T. (International) Corporation to work abroad in Jeddah, Saudi Arabia as a driver for its foreign accredited principal, Samir Maddah.
    • The employment contract stipulated a monthly salary of US $370.00 for a period of two (2) years.
  • Alleged Breach of Contract and Underpayment
    • Petitioner claimed that although the agreed salary was US $370.00 per month, he received only US $100.00 per month for twelve (12) months.
    • This shortage in payment constituted a breach of the contractual agreement regarding the salary differential.
  • Repatriation and Alleged Illegal Dismissal
    • On November 2, 1988, after working for twelve (12) months, petitioner asserted that he was repatriated without valid or justifiable cause, incurring his own cost for a return airfare amounting to US $630.00.
    • Following his repatriation, petitioner filed a complaint with the Philippine Overseas Employment Administration (POEA) seeking relief on multiple counts:
      • Underpayment of salaries
      • Illegal dismissal
      • Reimbursement of return airfare
      • Moral damages and attorney’s fees
  • Proceedings Before the POEA Adjudication Office
    • Petitioner’s complaint was answered by private respondent I.T., which admitted that he was one among several workers deployed abroad.
    • I.T. contended that petitioner continued working for over a year until his health – particularly his blood pressure and related symptoms – became a factor, prompting close supervision by Samir Maddah.
    • The narrative from I.T. claimed that due to petitioner’s deteriorating health and related work disruption, Samir decided to repatriate him for his safety.
    • I.T. further maintained that petitioner, having received full salaries and separation pay, refused repatriation and absconded, leaving his whereabouts unknown until he resurfaced to file the complaint.
  • POEA Adjudication Office Decision (December 29, 1989)
    • After submission of respective position papers and evidentiary documents by both parties, the POEA Adjudication Officer, Tomas Achacoso, rendered a decision holding the private respondents jointly and severally liable to petitioner.
    • The award included:
      • US $3,240.00 for salary differential accrued during twelve months of employment
      • US $4,440.00 for unpaid salaries corresponding to the unexpired portion of the employment contract
      • 2,369 Saudi Riyal to cover the cost of petitioner’s return airfare
      • An additional 5% computed on the total award as attorney’s fees
    • All other claims made by petitioner were dismissed.
  • Appeal to the National Labor Relations Commission (NLRC) and Subsequent Resolution
    • Only private respondent I.T. appealed the POEA decision to the NLRC Second Division.
    • In its Resolution dated March 26, 1991, the NLRC set aside the POEA decision. The NLRC found deficiencies in the evidence, particularly:
      • Reliance on petitioner’s complaint-affidavit without cross-examination
      • Misapplication of evidentiary rules and principles regarding employer-employee records
      • Questionable handling of the issue regarding the payment of the repatriation (PAL) ticket
    • The NLRC maintained that:
      • The determination of underpayment should be based solely on the agreed salary, not on the alleged underpayment
      • The affidavit was dismissed as hearsay evidence without sufficient corroboration
      • Both parties were placed on an equal footing regarding the lack of employment records, thereby rejecting petitioner’s claims.
  • Petition before the Supreme Court
    • Dissatisfied with the NLRC’s resolution, petitioner filed a petition for review on certiorari (treated as a special civil action for certiorari under Rule 65).
    • Petitioner raised errors including:
      • The inadmissibility of his complaint-affidavit as a basis for truth due to lack of cross-examination
      • The erroneous conclusion that he was not illegally dismissed
      • The improper dismissal of his claim for reimbursement of the repatriation (PAL) ticket expenses
    • The Solicitor General, joining petitioner’s arguments, emphasized that administrative proceedings like those before the POEA do not require strict compliance with evidentiary rules, given their quasi-judicial nature.

Issues:

  • Whether the NLRC erred in dismissing the petitioner’s complaint-affidavit as hearsay evidence solely because the affiant was not subjected to cross-examination.
    • The issue examines if reliance on affidavits without cross-examination is permissible in administrative and quasi-judicial proceedings.
  • Whether the NLRC improperly shifted the burden of proof regarding the validity of petitioner’s dismissal.
    • This centers on whether the employer’s burden to prove a lawful dismissal applies regardless of any admission of dismissal.
    • It also questions whether the dismissal was justified in view of alleged health problems without necessary certification.
  • Whether the NLRC erred in dismissing petitioner’s claim for reimbursement of the repatriation (PAL) ticket, given the absence of contrary evidence from the respondents.
    • The multiple allegations regarding payment of the airfare and the evidentiary standards required for proving such a transaction are scrutinized.
    • The issue also considers whether the joint and several liability of the local agency with its foreign principal affects the outcome.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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