Case Summary (G.R. No. 79560)
Overview of Circumstances
Initially, Ditan's employment contract was for nine months with a monthly salary of US$1,100. Upon his assignment to Kafunfo, he was quickly taken hostage by Unita rebels along with sixteen other Filipinos on December 29, 1984. Their ordeal lasted for 31 days until their eventual release on March 16, 1985. Upon return, INTRACO had promised the workers priority for future employment. However, Ditan was excluded from re-employment while others were rehired.
Legal Claims and Proceedings
In June 1985, Ditan filed a complaint against the respondents for breach of contract and additional claims demanding a total of US$4,675.00 for unpaid salaries, US$25,000.00 as a war risk bonus, US$2,196.50 for lost belongings, US$1,100 for unpaid vacation leave, and P50,000.00 in moral and exemplary damages. The POEA dismissed all claims on January 27, 1987, with the NLRC affirming this dismissal on July 14, 1987.
Evaluation of Claims
The Court found Ditan's claim for paid vacation leave untenable under Clause 5 of his contract because he had not signed a second contract after the first one expired. Similarly, the claim concerning lost belongings was dismissed as they had, in fact, been returned by the rebels. However, the Court recognized that Ditan was inadequately protected by his employer, Intraco, against known risks, particularly in an area known for prior rebel attacks.
Employer's Duty of Care
The Court emphasized that it was the employer's fundamental duty to provide a safe working environment, and the pressure exerted on Ditan to accept the assignment to Kafunfo constituted a breach of this duty. The possibility of being sent home as a consequence of refusal created a coercive environment, failing to mitigate the risks associated with his deployment to a violent area.
Interpretation of Employment Contract
Respondent claims that Ditan was contractually obligated to work in Angola, including Kafunfo, were met with a critical view. The Court highlighted the principles of social justice embodied in the 1987 Constitution, which mandates the protection of labor. This interpretation favored Ditan’s situation, which the Court viewed through the lens of the precarious circumstances he faced.
Conclusions and Relief Granted
The Court concluded that Ditan was entitled to relief based on the circumstances of his captivity and the subsequent failure of the employer to uphold their c
...continue readingCase Syllabus (G.R. No. 79560)
Case Overview
- Petitioner: Andres E. Ditan
- Respondents: Philippine Overseas Employment Administration Administrator, National Labor Relations Commission, Asia-World Recruitment, Inc., and/or Intraco Sales Corporation
- Case Number: G.R. No. 79560
- Date of Decision: December 03, 1990
- Court: First Division
- Justice: Cruz, J.
Background of the Case
- In 1984, Andres E. Ditan was taken hostage in Angola along with his co-workers by Unita rebels.
- Ditan was recruited by Intraco Sales Corporation through Asia-World Recruitment, Inc. to serve as a welding supervisor in Angola for nine months at a salary of US$1,100.00 monthly.
- Upon arrival on November 30, 1984, he initially worked as an ordinary welder until he was reassigned to Kafunfo on December 26, 1984, despite his reluctance due to the area's history of violence against expatriate workers.
Circumstances of Hostage Situation
- Ditan was assured of safety by the INTRACO manager despite previous rebel attacks in Kafunfo, which had resulted in fatalities.
- On December 29, 1984, Ditan and sixteen other Filipino hostages were taken by rebels and were held for 31 days, undergoing severe hardships.
- They were finally released on March 16, 1985, after intervention from their governments and the International Red Cross.
Claims Filed by the Petitioner
- After his return to the Philippines, Ditan filed a complaint against the private respondents for breach of contract and other claims, including:
- US$4,675.0