Acuña v. Court Of Appeals

QUISUMBING, J.:

This petition seeks the review and reversal of the Court of Appeals' Decision 1 dated January 27, 2003, in CA-G.R. SP No. 70724, entitled Join International Corporation and/or Elizabeth Alañon v. National Labor Relations Commission (Third Division), Mercedita Acuña, Juliet Mendez, and Myrna Ramones , setting aside the resolutions of the NLRC and dismissing the complaint of petitioners. Petitioners are Filipino overseas workers deployed by private respondent Join International Corporation (JIC), a licensed recruitment agency, to its principal, 3D Pre-Color Plastic, Inc., (3D) in Taiwan, Republic of China, under a uniformly-worded employment contract for a period of two years. Herein private respondent Elizabeth Alañon is the president of Join International Corporation.

Sometime in September 1999, petitioners filed with private respondents applications for employment abroad. They submitted their passports, NBI clearances, medical clearances and other requirements and each paid a placement fee of ~~P~~ 14,850, evidenced by official receipts2 issued by private respondents. After their papers were processed, petitioners claimed they signed a uniformly-worded employment contract3 with private respondents which stipulated that they were to work as machine operators with a monthly salary of NT$15,840.00, exclusive of overtime, for a period of two years.

On December 9, 1999, with 18 other contract workers they left for Taiwan. Upon arriving at the job site, a factory owned by 3D, they were made to sign another contract which stated that their salary was only NT$11,840.00.4 They were likewise informed that the dormitory which would serve as their living quarters was still under construction. They were requested to temporarily bear with the inconvenience but were assured that their dormitory would be completed in a short time.5 Petitioners alleged that they were brought to a "small room with a cement floor so dirty and smelling with foul odor (sic)".

Forty women were jampacked in the room and each person was given a pillow. Since the ladies' comfort room was out of order, they had to ask permission to use the men's comfort room.6 Petitioners claim they were made to work twelve hours a day, from 8:00 p.m. to 8:00 a.m.

The petitioners averred that on December 16, 1999, due to unbearable working conditions, they were constrained to inform management that they were leaving. They booked a flight home, at their own expense. Before they left, they were made to sign a written waiver.7 In addition, petitioners were not paid any salary for work rendered on December 11-15, 1999.8 Immediately upon arrival in the Philippines, petitioners went to private respondents' office, narrated what happened, and demanded the return of their placement fees and plane fare.

Private respondents refused. On December 28, 1999, private respondents offered a settlement. Petitioner Mendez received ~~P~~ 15,080.9 The next day, petitioners Acuña and Ramones went back and received ~~P~~ 13,64010 and ~~P~~ 16,200,11 respectively.

They claim they signed a waiver, otherwise they would not be refunded.12 On January 14, 2000, petitioners Acuña and Mendez invoking Republic Act No. 8042,13 filed a complaint for illegal dismissal and non-payment/underpayment of salaries or wages, overtime pay, refund of transportation fare, payment of salaries/wages for 3 months, moral and exemplary damages, and refund of placement fee before the National Labor Relations Commission (NLRC). Petitioner Ramones filed her complaint on January 20, 2000. The Labor Arbiter ruled in favor of petitioners, declaring that Myrna Ramones, Juliet Mendez and Mercedita Acuña did not resign voluntarily from their jobs.

Thus, private respondents were ordered to pay jointly and severally, in Philippine Peso, at the rate of exchange prevailing at the time of payment, the following: 1. MERCEDITA ACUÑA a. Unexpired Portion NT$95,000.00 b.

Salary for 4 days 2,436.92 c. Overtime pay for 4 hrs. in 4 days 1,523.07