G & M v. Rivera

SANDOVAL-GUTIERREZ, J.:

Before us is a Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended, assailing the Decision1 dated September 13, 1999 and Resolution2 dated January 13, 2000 rendered by the Court of Appeals in CA-G.R. SP No. 51454, entitled "G & M (Phil.) Inc., petitioner, v. National Labor Relations Commission and Zenas Rivera, respondents." G & M (Phil.), Inc., petitioner, is a corporation engaged in the placement and recruitment business of overseas contract workers. It deployed Lorenzo Rivera, respondent's husband, to work as equipment driver for its foreign principal, Mohammad Al-Hammad Recruiting Office in Riyadh, Saudi Arabia for a period of two (2) years.

After working for one 1 year, 7 months and 17 days, Lorenzo met an accident and died on December 23, 1993. Respondent filed with the Labor Arbiter a complaint for unpaid salary differentials for her late husband alleging that he was not paid his salary for 23 days before he died. She submitted a "Final Settlement of Liability of Foreign Employer"

bearing the seal of the Philippine Embassy at Riyadh, Saudi Arabia and translated into English by AL AMRI Translation Office. The Final Settlement is quoted as follows: Entitlement Amount 1. Pending Leave Days SR 570.00 Months Days 2.

Severance Pay (service award) 19 17 SR 896.81 3. Unpaid Salary 23 days SR 843.33 4. Death Compensation