THIRD DIVISION
G.R. No. 229984, July 08, 2020
DONNA B. JACOB, PETITIONER, V. FIRST STEP MANPOWER INT'L SERVICES, INC., MUHAMMAD/ELNOR E. TAPNIO RESPONDENTS.
D E C I S I O N
LEONEN, J.:
The courage of a Filipina to work as a household helper in a foreign land deserves much more than a cursory evaluation of the evidence on record. Failure of the Court of Appeals to appreciate the totality of the evidence which supports the claim of sexual harassment, maltreatment, and involuntary escape is definitely grave abuse of discretion correctible by this Court.
Constructive dismissal does not necessarily entail a "forthright dismissal or diminution in rank, compensation, benefit and privileges."1 Constructive dismissal also exists in cases where "an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him [or her] except to forego his [or her] continued employment."2
We find for the Filipina Overseas Filipino Worker in this case.
This Petition for Review on Certiorari3 prays that the Court of Appeals Decision4 and Resolution5 in CA-G.R. SP No. 146028 be reversed and set-aside.6 The Court of Appeals dismissed Donna Jacob's (Jacob) Petition for Certiorari which assailed the National Labor Relations Commission's Decision7 nullifying the Labor Arbiter's pronouncement8 that she was constructively dismissed.
In early August of 2014, Jacob sought employment with First Step Manpower International Services, Inc. (First Step) as a household service worker. When First Step accepted her application,9 she signed a two-year contract10 where she would be deployed to Riyadh, Kingdom of Saudi Arabia and would earn a monthly income of US$ 400.00.11
Following her deployment overseas on January 11, 2015, Jacob was escorted to the residence of her foreign employer Abdulaziz Masser12 Abdulaziz Al Masoud. She only stayed abroad for less than three (3) months13 before an early repatriation on account of the following declarations she made under oath.
Jacob narrated that at around noontime on January 31, 2015, she was washing the dishes when "[s]he felt a hard object rubbing against her bottom and was surprised to see her male employer attempting to rape her."14 She went upstairs to report the matter to her female employer. The latter, however, did not believe her and since then, ill-treated her.15
Jacob recalled that on February 16, 2015,16 her female employer hit her with a shoe, which was then "violently thrown at her."17 She escaped and went to her agency's counterpart in Riyadh where she met another Overseas Filipino Worker named Rosalie Bermido (Bermido). Bermido told her that apart from being maltreated, female Filipino workers were also being sold to their Arab employers.18
According to Jacob, Bermido suggested that they escape the agency through the window of the second-floor comfort room, since the agency keeps their doors locked at night.19 Bermido succeeded in escaping the agency. Jacob, however, fell and injured her spinal column. Upon injuring herself, a passerby approached them and started groping their breasts. They begged him to stop and bring them to the hospital instead.20 An ambulance later took Jacob to King Saudi Medical City21 where she underwent surgery on February 28, 2015. After a few days, representatives from the Overseas Workers Welfare Administration brought them to bahay kalinga where they waited for their ticket exit visas.22
On March 25, 2015, Jacob appeared before the Office of the Labor Attaché and executed23 a Final Settlement and Ce1iification,24 the contents of which read:
FINAL SETTLEMENT
I, Donna B. Jacob, a Filipino national, hereby acknowledge full conformity to the final settlement with my employer / sponsor . . . and further state: That as result of this settlement, I have voluntarily agreed to be sent home to the Philippines; That I acknowledge to have received all my salaries and benefits entitled to me, and [t]hat I hereby voluntarily waive my right to file any complaint or action for whatever reason against my employer / Agency at any court in the Kingdom of Saudi Arabia as well as in the Philippines.Signature: [Signed]
Worker's name: Donna B. Jacob
Passport No. __
Thumb Mark: __
Witness: __
Noted (as a condition for worker's Repatriation)[stamped]
Seen and Noted
25 March 2015
[Signed] Rustico SM. Dela Fuente
Labor Attaché, POLO
Philippine Embassy, KSA25CERTIFICATION
This is to certify that Donna B. Jacob personally appeared before me this 3-24-2015 [March 24, 2015] at the Philippine Embassy POLO Office in Riyadh, KSA and freely signed this document consisting of two (2) pages including this certification after having been duly apprised of his/her contractual and legal rights.[stamped]
Seen and Noted
25 March 2015
[signed] Rustico SM. Dela Fuente
Labor Attaché, POLO
Philippine Embassy, KSA
Name & Signature of Authorized Officer
x----------------------------------------------------------------------------------------------------- x
Ako Donna B. Jacob ay nagsasaad at nagpapatunay na:
- Natanggap ko sa aking employer ang lahat kong sahod, mga benepisyo at plane ticket pabalik sa Pilipinas;
- Wala na akong reklamo sa aking employer;
- Ako ay sapat na pinayuhan at binalaan ng POLO officer tungkol sa aking mga karapatan at pananagutan sa kasulatang ito.
Maraming salamat po.[signed]
Donna Jacob
Pangalan at Lagda ng OFW26
Clearly there exists constructive dismissal. Thus, for having worked for more than a month (from 12 January 2015 to 16 February 2015); complainant is entitled to wages representing the unexpired portion of the contract or in the amount of US$ (US$400.00 x 23 mos. = US$9,200.00) or in its Philippine Peso equivalent at the time of payment pursuant to Section 7 of RA 10022, amending Section 10 of Republic Act No. 8042.45cralawlawlibrary
WHEREFORE, premises considered, judgment is hereby rendered as follows:
1) Dismissing without prejudice the complaint of Rosalie C. Bermido for failure to prosecute; 2) Declaring complainant Donna B. Jacob to have been constructively dismissed from employment. 3) Ordering respondents First Step Manpower Int'l. Services, Inc., Muhammad[,] and Elnor E. Tapnio to solidarily pay complainant Donna B. Jacob of her wages representing the unexpired portion of her contract in the amount of US$ 9,200.00 or in its Philippine Peso equivalent at the time of payment.
All other claims46 are dismissed for lack of merit.
So Ordered.47 (Emphasis in the original)
This is to certify that the signature affixed on the Final Settlement done by OFW DONNA B. JACOB was that of Assistant Labor Attaché, Ms. FIRMA P. BANTILAN. The signature of Ms. Bantilan affixed on the said document is true and authentic.
This certification is issued today, 16 September 2015, as requested by Alesnad Almehani Recruitment Office for whatever legal purpose it may serve.49 (Emphasis in the original)
WHEREFORE, Labor Arbiter Remedios L.P. Marcos' Decision dated 04 September 2015 is hereby SET ASIDE and a new one entered DISMISSING the complaint of complainant Dom1a B. Jacob for lack of merit.
The dismissal of the complaint of complainant Bermido for failure to prosecute is sustained.
SO ORDERED.54 (Emphasis in the original)
Complainant Jacob narrates the event that transpired when she was maltreated by her foreign employer which made her decide to ran [sic] away. Respondents, on the other hand, contend that she pre-terminated her employment contract due to homesickness. As between these two contentions, undersigned finds that respondents' assertion cannot prevail over complainant's categorical, straightforward, and detailed statement. There is more serious reason that made her decide to give up her employment than mere homesickness. It is unbelievable that for being homesick, she would ran [sic] away from her foreign employer and risk her life in so doing. In fact, complainant presented the Discharge summary to prove her allegation that she suffered an injury due to an accident. This fact was recognized by respondents with their statement in the reply – "Moreover, her failure to return to her foreign employer and the accident that subsequently landed her in the hospital was caused by her doing and fault, and which resulted to her inability to continue working for her foreign employer." Such statement clearly contradicts their earlier stand in their Position Paper that complainant Jacob decided to pre-terminate her employment due to homesickness.
....
... In the case at bar, based on the narration of events which complainant suffered in the hands of her foreign employer, undersigned opines that she had experienced unbearable treatment from her foreign employer which compelled her to give up her employment. Indubitably, there exists illegal constructive dismissal.
....
As regards the Final Settlement document signed by complainant Jacob, the same is not a proof that she voluntarily gave up her employment and received all the benefits due her. Taking into consideration her situation at the time of the signing, she had no choice but to go back to the Philippines. In other words, signing the Final Settlement document was a condition for her repatriation.
....
It is worthy to note that the Philippine Embassy and POLO's stamps in the document did not mean that complainant subscribed and swore to it before the Labor Attaché. Complainant did not attest the veracity and truthfulness of the contents of the document before Labor Attaché Rustico SM. Dela Fuente, and there is no showing that those documents were subscribed and sworn to by complainant before him as the latter simply had "seen and noted" it.57 (Emphasis in the original)
WHEREFORE, premises considered, the instant petition for certiorari is hereby DISMISSED.
SO ORDERED.66 (Emphasis in the original)
Constructive dismissal is defined as quitting when continued employment is rendered impossible, unreasonable or unlikely as the offer of employment involves a demotion in rank or diminution in pay. It exists when the resignation on the part of the employee was involuntary due to the harsh, hostile and unfavorable conditions set by the employer. It is brought about by the clear discrimination, insensibility or disdain shown by an employer which becomes unbearable to the employee. An employee who is forced to surrender his position through the employer's unfair or unreasonable acts is deemed to have been illegally terminated and such termination is deemed to be involuntary.97 (Citations omitted; Emphasis supplied)
Dumating po ako sa bansang Riyadh noon[g] January 12, 2015 at hinatid po ako ng amo ko sa agency ng Riyadh. Ako po ay dinala sa amo ko na si Abdulaziz Masser Adulaziz Al Masoud. Noong January 31, [2015] ng tanghali habang ako ay naghuhugas ng mga plato nagulat ako ng may lumapat na matigas na ari ng [amo] kong lalaki sa likod ko. Nagulat ako kasi gusto niya [akong] gahasain. Tumakbo ako sa third floor para magsumbong sa [amo] [kong] babae. Pero ayaw maniwala ang [amo] [kong] babae at ang sabi sinungaling daw ako. Kaya wala akong magawa kundi umiyak na lang. Ang sabi pa sakin ng [amo] [kong] babae wag daw ako madalas maligo at huwag daw ako [tumingin] sa mga mata ng [amo] [kong] lalaki. At kailangan nakatakip lahat maliban sa mata ko ang lumabas. At kai1angan nakatingin ako lagi sa lupa o sahig. Mula noon lagi nalang akong sinasaktan ng amo [kong] babae. Pag basa ang buhok ko lagi siya galit sa akin. Noong February 16, 2015 ako ay pinukpok ng sapatos at hinagisan ng sapatos ng amo kong babae. Kaya ako ay tumakas papunta sa agency sa Saudi. Subalit pagdating ko po doon sa agency nadatnan ko po si Roselie Bermido na taga Bicol. Ganon din nangyari sa kanya minaltrato din siya ng employer niya at muntik din gahasain ng among lalaki. Halos hindi po makatayo si Rosalie Bermido dahil sa gutom dahil hindi po sya pinapakain [nang] maayos noong dumating po ako doon parang tatakas siya noong gabi din na yon mga 11:30 ng gabi ay binigyan kami ng pagkain. Ang sabi po sa akin ni Rosalie kumain kami para lumakas at tatakas daw kami sa dahilang ang mga babae doon sa agency ay inaabuso at sinasampal kung sino ang magugustuhan ng Arabo. Kaya po natakot kami at isa pa po [ibebenta] kami sa Arabo na magiging employer namin ulit. [Nang] dumating ang 3:00 A.M. doon kami dumaan sa may C.R. ng agency sa bintana nagdugtong dugtong kami ng mga damit pa doon sa bintana ng mga may naunang tumakas. Sarado po kasi ang pinto at kinandado ng agency. Natakot na po kami kaya tumakas na po kami yong kasama ko na si Rosalie Bermido. Nakababa [nang] maayos si Rosalie Bermido subalit ako po ay bumagsak kaya [nabali] ang spinal column ko sa likod di na [ako] makalakad ng oras na yon may nakakita sa amin [na] isang Arabo at tumawag ng [pulis]. Nagmakaawa po kami dahil nilamas na ang aming mga suso kahit ako ang hindi makatayo. Kinalkal lahat ng mga damit namin at kinuha nila lahat ang tanging natira sa amin ay mga suot namin. Nag makaawa kami na dalhin kami sa ospital dahil hindi na po aka makatayo. Tumawag po sila ng ambulance at dinala kami sa King Saudi Medical City. Nakalakip dito ay may marking bilang Annex "2" ang aking medical records. Ako po ay inoperahan noong February 28, 2015 at mga ilang araw po sinundo na aka ng OWWA at dinala sa bahay kalinga at doon na aka nag hintay na mabigyan ako ng ticket exit visa. Ganon din si Rosalie Bermido.109 (Emphasis supplied)
Date of Admission: 17/02/2015
Reason [o]f Admission:
PT. ADMITTED THROUGH ER WITH H/O FALL FROM HEIGHT OF 2ND FLOOR ON 16/2/15 AND C/O LOW BACKACHE. NO H/O LOC WEAKNESS OR NUMBNESS IN LIMBS.
Significant History and Physical Examination:
O/E. PT. CONSCIOUS ORIENTED, STABLE HEMODYNAMICALLY. TENDER LUMBAR SPINE. NO NEUROLOGICAL DEFICIT.
....
MANAGEMENT PROCEDURE & TREATMENT INCLUDING OPERATIONS:
ON 28/2/15 PT. WAS OPERATED WITH POSTERIOR SPINAL FIXATION FROM T11 TO L2 AND FUSION WITH BONE GRAFT.
PROGRESS OF PATIENTS HEALTH:
MOBILISED WITH BRACE. WOUND HEALED WELL.112 (Emphasis supplied)
Resignation is the formal pronouncement or relinquishment of a position or office. It is the voluntary act ofan employee who is in a situation where he [or she] believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and he [or she] has then no other choice but to disassociate himself [or herself] from employment. The intent to relinquish must concur with the overt act of relinquishment; hence, the acts of the employee before and after the alleged resignation must be considered in determining whether he [or she] in fact intended to terminate his [or her] employment. In illegal dismissal cases, it is a fundamental rule that when an employer interposes the defense of resignation, on him [or her] necessarily rests the burden to prove that the employee indeed voluntarily resigned.
In contrast, constructive dismissal exists where there is cessation of work because continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank or a diminution in pay and other benefits. Aptly called a dismissal in disguise or an act amounting to dismissal but made to appear as if it were not, constructive dismissal may, likewise, exist if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him [or her] except to forego his [or her] continued employment. It must be noted, however, that bare allegations of constructive dismissal, when uncorroborated by the evidence on record, cannot be given credence.120 (Emphasis supplied, citations omitted)
Moral damages are recoverable when the dismissal of an employee is attended by bad faith or fraud or constitutes an act oppressive to labor, or is done in a manner contrary to good morals, good customs or public policy. Exemplary damages, on the other hand, are recoverable when the dismissal was done in a wanton, oppressive, or malevolent manner.136 (Emphasis supplied, citation omitted)
The Court is not unaware of the many abuses suffered by our overseas workers in the foreign land where they have ventured, usually with heavy hearts, in pursuit of a more fulfilling future. Breach of contract, maltreatment, rape, insufficient nourishment, sub-human lodgings, insults and other forms of debasement, are only a few of the inhumane acts to which they are subjected by their foreign employers, who probably feel they can do as they please in their own country.138cralawlawlibrary
We take this opportunity to stress the need for strict enforcement of the law and the rules and regulations governing Filipino contract workers abroad. Many hapless citizens of this cotmtry who have sought foreign employment to earn a few dollars to ensure for their families a life worthy of human dignity and provide proper education and a decent future for their children have found themselves enslaved by foreign masters, harassed or abused and deprived of their employment for the slightest cause. No one should be made to unjustly profit from their suffering. Hence, recruiting agencies must not only faithfully comply with Government-prescribed responsibilities; they must impose upon themselves the duty, borne out of a social conscience, to help citizens of this country sent abroad to work for foreign principals. They must keep in mind that this country is not exporting slaves but human beings, and above all, fellow Filipinos seeking merely to improve their lives.140cralawlawlibrary
SECTION 7. Section 10 of Republic Act No. 8042, as amended, is hereby amended to read as follows:
"SEC. 10. Money Claims. — Notwithstanding any provision of law to the contrary, the Labor Arbiters of the National Labor Relations Commission (NLRC) shall have the original and exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the complaint, the claims arising out of an employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damages. Consistent with this mandate, the NLRC shall endeavor to update and keep abreast with the developments in the global services industry.
"The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. This provision shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to be filed by the recruitment/placement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to the workers. If the recruitment/placement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages.
"Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution, amendment or modification made locally or in a foreign country of the said contract.
"Any compromise/amicable settlement or voluntary agreement on money claims inclusive of damages under this section shall be paid within thirty (30) days from the approval of the settlement by the appropriate authority.
"In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, or any unauthorized deductions from the migrant worker's salary, the worker shall be entitled to the full reimbursement of his placement fee and the deductions made with interest at twelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year ofthe unexpired term, whichever is less. (Emphasis supplied)
Endnotes:
* Additional Member per S.O. No. 2753.
2Hyatt Taxi Services Inc. v. Catinoy, 412 Phil. 295 (2001) [Per J. Gonzaga-Reyes, Third Division].
2 Id.
3Rollo, pp. 10-33.
4 Id. at 34-43. The Decision dated October 24, 2016 was penned by Associate Justice Ramon R. Garcia (Chair) and concurred in by Associate Justices Leoncia R. Dimagiba and Jhosep Y. Lopez, of the Fifteenth Division, Court of Appeals, Manila.
5 Id. at 44-45. The Resolution dated February 6, 2017 was penned by Associate Justice Ramon R. Garcia (Chair) and concurred in by Associate Justices Leoncia R. Dimagiba and Jhosep Y. Lopez, of the Fifteenth Division, Court of Appeals, Manila.
6 Id. at 28.
7 Id. at 66-74.
8 Id. at 125-132.
9 Id. at 126.
10 Id. at 91-94, Employment Contract.
11 Id. at 92.
12 However, in Jacob's Employment Contract, the name of his employer was spelled as "Abdulaziz Nasser Abdulaziz Al Masoud."
13Rollo, p. 35.
14 Id.
15 Id.
16 Id. at 127.
17 Id. at 35.
18 Id. at 35 and 127.
19 Id. at 127. See also rollo, pp. 95-96, Discharge Summary.
20 Id. at 127-128.
21 In the pertinent Discharge Summary, however, it is referred to as King Saud Medical City.
22 Id. at 127-128.
23 Id. at 67.
24Final Settlement and Certification, pp. 163-164.
25 Id. at 163.
26 Id. at 164.
27 Id. at 67.
28 Id. at 35.
29 Id. at 78-79.
30 Id. at 78.
31 Id. at 67.
32 Id. at 108.
33 Id. at 81.
34 Id. at 125.
35 Id. at 67.
36See rollo, pp. 80-90, Complainants' Position Paper; rollo, pp. 97-109, First Step, et al.'s Position Paper; rollo, pp. 114-119, Jacob's Reply with Motion to Present the Original Annexes; rollo, pp. 120-124, First Step, et al.'s Reply.
37Rollo, pp. 67-68.
38 Id. at 128.
39 Id. at 128-129.
40 Id. at 129.
41 Id. at 36.
42 Id. at 125-132.
43 Id. at 130-131.
44 Id. at 125.
45 Id. at 131.
46 Id.
Anent complainant's claim for reimbursement of medical expenses in the amount of P100,000.00 [sic], the same is denied for lack of merit. Other than complainant's bare assertion that she is entitled to such claim[,] [s]he did not present receipts of such amount on which she claims reimbursement thereof.
Anent complainant's claim for unpaid overtime pay, the same is also denied for being devoid of merit. She failed to state with certainty the days she rendered overtime work but not paid the consequent overtime pay.
Anent complainant's claim for moral and exemplary damages and attorney's fees, the same is denied for lack of factual and legal basis.
47 Id. at 132.
48 Id. at 133-146. See also rollo, pp. 166-171, Jacobs Comment/Opposition to Memorandum of Appeal.
49 Id. at 165.
50 Id. at 66-74.
51 Id. at 73.
52 Id. at 69-73.
53 Id. at 72.
54 Id. at 73-74.
55 Id. at 226-230.
56 Id. at 228-230.
57 Id. at 228-230.
58 Id. at 76-77.
59 Id. at 172-181.
60 Id. at 77.
61 Id. at 46-61.
62 Id. at 34-43.
63 Id. at 41.
64 Id. at 42.
65 Id.
66 Id.
67 Id. at 44-45.
68 Id. at 214-224.
69 Id. at 10-30.
70 Id. at 28-29.
Jacob also prays that "respondents [be] liable for Twelve (12%) percent per annum of the total judgment award as interest provided in R.A. 10022 as amending R.A. No. 8042, plus 10% attorney's fees." Jacob also prays for "[o]ther reliefs and just under the circumstances[.]"
71 Id. at 21-24.
72 Id. at 24-25.
73 Id. at 25.
74 Id. at 27-28.
75 Id. at 231.
76 Id. at 237-248.
77 Id. at 237-238.
78 Id. at 238.
79 Id. at 238-241.
80 Id. at 243.
81 Id. at 241.
82 Id. at 243.
83 Id. at 245-247.
84 Id. at 244.
85 Id. at 241-242.
86 Id.
87 Id. at 241.
88 Id. at 242.
89 Id. at 250-256.
90 Id. at 250.
91 Id.
92 Id. at 252.
93 Id.
94Rodriguez v. Sintron Syswms Inc., G.R. No. 240254, July 24, 2019 [Per J. Caguioa, Second Division].
95Philippine Japan Active Carbon Corp. v. NLRC, 253 Phil. 149, 152-153 (1989) [Per J, Griño-Aquino, First Division].
96 582 Phil. 86 (2008) [Per J. Nachura, Third Division].
97 Id. at 99-100.
98Hyatt Taxi Services Inc. v. Catinoy, 412 Phil. 295, 306 (2001) [Per J. Gonzaga-Reyes, Third Division].
99 Id.
100McMer Corp., Inc. v. National Labor Relations Commission, 735 Phil. 204, 214 (2014) [Per J. Peralta, Third Division].
101 Id.
102Rollo, pp. 21-23.
103 Id. at 249-250.
104 Id. at 241.
105 Id. at 41.
106McMer Corp., Inc. v. National Labor Relations Commission 735 Phil. 204, 219 (2014) [Per J. Peralta, Third Division].
107 Id. at 217.
108Rollo, pp. 130-131.
109 Id. at 126-127.
110 Id. at 241.
111 Id. at 95-96.
112 Id. at 95.
113 Id. at 244.
114Philippine Span Asia Carriers Corp. v. Pelayo, 826 Phil. 776, 794 (2018) [Per J. Leonen, Third Division].
115Rollo, p. 243. See also rollo, p. 41.
116 Id. at 10.
117People v. Buenviaje, 408 Phil. 342, 352 (2001) [Per J. Pardo, First Division].
118 Id.
119 765 Phil. 399 (2015) [Per J. Perlas-Bernabe, First Division].
120 Id. at 407-408.
121Rollo, pp. 241-242.
122 Id. at 163.
123 Id. at 165. According to the certification, the signature affixed above Rustico SM. Dela Fuente's name on the Final Settlement was that of Assistant Labor Attaché Firma P. Bantilan's.
124 Id. at 230.
125 Id. at 163.
126 Id. at 114-115.
127Universal Staffing Services, Inc. v. NLRC, 581 Phil. 199, 210 (2008) [Per J. Nachura, Third Division]. Save in cases where "the person making the waiver has done so voluntarily, with a full understanding thereof, and the consideration for the quitclaim is credible and reasonable, the transaction must be recognized as a valid and binding undertaking."
128 Id. at 209-210.
129 Id.
130 See Universal Staffing Services, Inc. v. NLRC, 581 Phil. 199, 210 (2008) [Per J. Nachura, Third Division].
131 See rollo, p. 163. Also, in the pertinent employment contract (rollo, p. 94), stipulation number 17 expressly states that: "After the expiration of the contract and the [Household Service Worker or HSW] desires to return the Philippines, the employer shall present the bank statement of the HSW to the Saudi recruitment agency, and the employer and the worker shall then sign a final settlement. Such bank statement and proof of statement may be submitted as evidence in the Philippines and in the KSA."
132Valdez v. NLRC, 349 Phil. 760, 767 (1998) [Per J. Regalado, Second Division].
133 Id. at 768.
134 Id.
135Aldovino v. Gold and Green Manpower Management and Development Services, Inc., G.R. No. 200811, June 19, 2019, [Per J. Leonen, Third Division].
136Torreda v. Investment and Capital Corporation of the Philippines, G.R. No. 229881, September 5, 2018, [Per J. Gesmundo, Third Division].
137 297 Phil. 256 (1993) [Per J. Cruz, First Division].
138 Id. at 265.
139 509 Phil. 699 (2005) [Per J. Sandoval-Gutierrez, Third Division].
140 Id. at 700-701.
141Aldovino v. Gold and Green Manpower Management and Development Services, Inc., G.R. No. 200811, June 19, 2019, [Per J. Leonen, Third Division].
142 Id.
143 Id.
144 CIVIL CODE, art. 2208 provides:ARTICLE 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiffs plainly valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers and skilled workers;
(8) In actions for indemnity under workmen's compensation and employer's liability laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation shouId be recovered.
In all cases, the attorney's fees and expenses of litigation must be reasonable.
145See Aldovino v. Gold and Green Manpower Management and Development Services, Inc., G.R. No. 200811, June 19, 2019, [Per J. Leonen, Third Division].
146See Sameer Overseas Placement Agency, Inc. v. Cabiles, 740 Phil. 403 (2014) [Per J. Leonen, En Banc].
147 An Act Amending Republic Act No. 8042 otherwise known as the Migrant Workers and Overseas Filipino Act of 1995 (2010).
148 740 Phil. 403 (2014) [Per J. Leonen, En Banc ].
149 Id. at 434.
150Rollo, p. 29.
151Gutierrez v. NAWRAS Manpower Services, Inc., G.R. No. 234296, November 27, 2019, [Per J. Carandang, Third Division]. [Per J. Carandang, Third Division]. [Per J. Carandang, Third Division].