Republic of the Philippines

Department of Labor and Employment

National Labor Relations Commission
REGIONAL ARBITRATION BRANCH NO. 59
City of Insal

AGNES GAMCHANGER,
Complainant,

-versus- NLRC RAB II CN:

00-00000-2019 OFW (L)
ESTOFADO IGADO
INTERNATIONAL
MANPOWER AGENCY CO.
and/. CO-General Manager,
Respondents.
x-----------------------------------------x

COMPLAINANT’S VERIFIED POSITION PAPER

The Complainant, most respectfully states that:

The Parties

The Complainant, is of legal age, Filipino, and a resident

of Purok 4, Rizal St. Barangay San Vicente, hereinafter referred
to as the “Complainant”.

The Respondent, is a duly licensed land-based recruitment

Agency with address at
______________________________________________, while the
Respondent, ________________, is the General Manager, and the
official representative of the agency, hereinafter, collectively
referred to as the “Respondents”.

Facts of the Case

The story of the Complainant is the story of a typical

Overseas Filipino Worker (“OFW”). Her story begins with her
dream and desire to give her family a better life. It began one
day when she decided to apply for a work abroad as a Domestic
Helper, and take the ultimate sacrifice that a breadwinner could
do for her family.

It was sometime in 2018, when she learned that the herein

respondents is a recruitment agency that could help her realize
her dreams. She began processing all the required and

Page 1 of 14
necessary documents to complete her application as a Domestic
Helper. The Complainant did not mind the hardship and the
loans that she incurred because for her nothing is more
important than her dream of helping her family.

She subsequently signed a two (2) year Philippine

Overseas Employment Agency (“POEA”) mandated Standard
Employment Contract with the Respondents to work as a
Domestic Helper in Riyadh, Kingdom of Saudi Arabia with
Nawaf Karim Zaher Al-Ruwaili (“Al-Ruwaili”) as her foreign
employer and a monthly salary of Four Hundred US Dollars
(1,500 Saudi Riyals or US$400).

[A Photocopy of the Overseas Filipino Worker (OFW)

Information Sheet is attached as ANNEX “A”, and made an
integral part hereof.]

Finally, on 4 June 2018, the Complainant was deployed to

the Kingdom of Saudi Arabia as a Domestic Helper. Upon arrival
at the airport, she was met and fetched by Al-Ruwaili, and was
immediately brought to the latter’s house and arrived thereat.

[Photocopies of the Complainant’s Passport and Visa are

attached as ANNEX “B” to “B-1”, and made integral parts
hereof.]

Upon waking-up, the Complainant immediately started

doing all her assigned chores without any face of exhaustion.
Complainant was also tasked to take care of Al-Ruwaili’s child.
All was well during the first week of her stay, but everything
changed when Al-Ruwaili scolded her because his child was
crying and ____ was not able immediately attend to the needs of
the child considering that at that time she was still working on
a chore assigned to her. During these times, she used her own
bag as her pillow. It was that time, when Al-Ruwaili did not give
the complainant her fourth and fifth month salaries without any
valid reason. Moreover, complainant was even surprised when
on the sixth month of her chaotic employment, Al-Ruwaili only
gave her 800 US Dollars which is way lower that the agreed
salary.

Despite the aforementioned fact, the Complainant still

continued to diligently perform her work as a Domestic Helper.
She would sleep at around 1:00 a.m. and wake-up at around
6:00 a.m., thus having only five (5) hours of sleep, more or less.
This setup continues for seven days a week without any rest
day, and sometimes even required to extend her work beyond
1:00 a.m.

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 The complainant have been working smoothly. In fact,
complainant’s eagerness to work was not hampered by any
ambiguity with respect to his salaries and benefits. Her
motivation to work without regard of the distance which
separates her from her family was did not held her to render
her services. The employer did not encounter any problem with
their working ethics for the reason that the complainant needed
money to support her family. She served her employer with all
utmost loyalty, notable honesty and unquestionable dedication.
Her dedication speaks volumes of reliability by and desirability
in the business of the respondent.

______ rendered her services to her actual employer

smoothly without any complain the fact that her salary was only
given fifteen (15) days every end of the month until the 5th
month when she her actual employer handed her salary due on
the said month however only in the amount of 800 Saudi Riyal
which is 700 short of her agreed monthly salary. This fact
however did not prevent ____ to work until the 7th month of her
contract when her actual employer inflicted injuries repeatedly.
Due to her fear of being beaten, she remained mute to keep
herself safe from danger.

Her duties included cooking meals for the entire family,

i.e. breakfast, lunch, and dinner; cleaning the entire house
including all the rooms, bathrooms, comfort rooms, and even
the roof top, where she slept; doing the laundry for the entire
family; among others, and on top of the other requests and
orders of each of the members of her employer’s family.

Despite all the work that she performed for the family, she
was only allowed to eat “Kubos” bread for her one day meal
without any snacks. In short, she was only able to eat once (1)
a day for her work.

This gruelling experience of ____ made her stronger as she

have no other person to lean on in times when her employers
lay hands on her. She kept on asking how absurd faith could
be considering her aspiration to earn money for living. ___ can
be treated as a prisoner when she was precluded to have her
day off and prohibited to go outside even for a single time
otherwise her employers will kill her. Days and Nights have
passed seemingly for a very long time.

After a month of working, and fed-up by her current

condition, she mustered her courage she told her employer that
she wanted to look for another employer. As if heeding her
request, her employer transferred her to another family where
she worked as a Domestic Helper.

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 However, as if giving life to the saying that all good things
must come to an end, her original employer, Al-Ruwaili, fetched
her, and took her back to their house. It was during this time
that things took a turn for the worst.

Upon her return, her work doubled if not tripled all

together as all the members of her employer’s family took turns
in ordering her around so much so that with the numerous
requests and orders given to her, she would most of the times
not know which ones to prioritize. To make matter’s worst, every
time that she would fail to follow the orders of any of them, she
would be physically maltreated by throwing household items at
her, pulling her hair, stepping on her foot, and sometimes even
spitting at her.

Her toxic and inhumane working conditions coupled with

the physical abuse that she experienced took a toll on her health
as she experienced severe body ache, fever and flu, such that
she was no longer able to work. Despite her condition, she was
still forced to work by her employer until such time that she was
no longer able to stand up, and instead of bringing her to a
doctor, she forced to work. Desperate of her condition, she
asked her employer to just allow her leave and go back to the
Philippines.

[A copy photographs sustained by the complainant is

attached as ANNEX “C”, and made an integral part hereof.]

However, instead of acceding to her request, her employer

instead locked her inside their stockroom, without any means
to call for help needless to say she was deprived of her humane
life.

Adding to her misery is the fact that she had no one to

turn to, and no means of asking for help as all her personal
belongings such as lotion, luggage, two (2) cellular phone were
confiscated by her employer particularly Samsung Keypad and
Huawei Touchscreen including her documents and passport. In
short, she had nothing but the clothes on her body.

Without anyone to help her, and desperate of her condition, she

kept her faith to help her own in finding someone to give her a
hand and escape the seemingly unbearable condition.
Sometime in November 2018, her mother went to the Office of
Hon. Kit Bello to ask for help and luckily through Secretary

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Bello, two of the staffs of Philippine Overseas Labor Office
(POLO) JHEDDA under the OWWA came to rescue ____.

She arrived in the Philippines on 11 March 2019

through OVERSEAS WORKERS WELFARE ADMINISTRATION
(OWWA) based in Saudi and there a helping hand helped her fly
home.

Leaving all her worries and experience behind she went back to
her family with nothing but her broken dreams. Hence, the
instant Complaint.

ARGUMENTS AND DISCUSSION

RESPONDENTS ARE GUILTY

FOR UNPAID SALARY

After an examination of the facts, we find, there is

substantial evidence showing that ____ was employed by herein
respondents through an arrangement, participated in by
respondent local agency, respondent principal and actual
employer. Although the scheme enabled ____ to be employed
overseas, her two-year employment was marred from the start
by violations of the law on overseas employment.

Moreover, the primary issue determinative of the propriety

of the instant case hinges on whether the complainant was
really an employee of the herein respondent. Hence, the
complainant deemed it necessary to establish first that he
regular employees and an employer-employee relationship
existed between them. The issuance of OFW Information Sheet
issued by the Philippine Overseas Employment Administration
(POEA) is one amongst the proof of employment of herein
complainant with the respondents.

Attached hereto is the complainants’ OFW

Information Sheet issued by the Philippine
Overseas Employment Administration (POEA) and
to be marked as Annex “1”.

First. It is clearly established that there exist employer-

employee relationship. She worked under an employment
contract whose terms are certified by the POEA. Under the two-
year contract she signed and implemented by his employer, Al-
Ruwali, she was must paid SR1500.00 or US$400 a month.

Page 5 of 14
During her employment, complainant acknowledges that for the
first two (2) months of her employment, she received her due
salaries until the Fourth and Fifth month (September and
October) when her employer intentionally refused to give her
salary. Additionally, on the Sixth month, her employer instead
of giving ___ entire monthly salary, Al- Ruwali held the 700 SR
which means that __ only received the amount of 800 SR for the
said month. Complainant was deprived of her right under the
contract she signed with the respondents.

Respondents are thus liable to pay said unpaid wages.

RESPONDENTS ARE LIABLE

FOR BREACH OF CONTRACT

On a preliminary matter, it must be stressed that burden

of proving that there is just cause for termination is on the
employer. The employer must affirmatively show rationally
adequate evidence that the dismissal was for a justifiable cause.
Failure to show that there was valid or just cause for
termination would necessarily mean that the dismissal was
illegal.1

First, as may gleaned from the above-narration of facts,

her employment contract is for a period of two (2) years
commencing from the date of her departure on 02 June 2018
and until 11 March 2019. However, the complainant never had
the opportunity to finish her contract due to the hardships that
she encountered due to the maltreatment that she suffered
under the hands of her employer and the latter’s family. She
was thus only able to work as a Domestic Helper for less than
nine (9) months with no fault on her part.

To be clear, the Complainant was ready, willing, and able

to fulfil all her obligations and responsibilities as a Domestic
Helper. However, despite her willingness to serve her employer,
and the dedication she showed them, she was never treated
right, and was subjected to physical and verbal abuses by her
employer and the latter’s family.

Her dedication and willingness to fulfil her obligation is

seen from the fact that despite the maltreatment that she
received from her employer, she continued to perform her
assigned chores to the detriment of her health. It was only when
she got sick that she was unable to perform her duties, and

1
Sameer Overseas Placement Agency vs. Joy Cabiles, G.R. 170139, 05 August
2014.
Page 6 of 14
despite this fact, her employer locked her inside a room instead
of bringing her to a doctor for diagnosis and treatment.

To make matters worse, the final act of her employer was

not to bring her to a doctor, or a hospital when complainant
suffered maltreatment and not to be taken cared-of or treated
but for purposes of sending her home have added to her misery.
It is as if she was a defective equipment to be sent back to the
manufacturer for replacement. Said condition of the
complainant is manifested that there exist a strained
relationship between her and Al-Ruwaili.

It is thus important to stress that on this matter alone, it

is already sufficient to conclude that the Complainant was
illegally dismissed by her employer.

Second, her employment contract states that the

complainant shall be provided with at least eight (8) hours of
continuous rest, suitable and sanitary living quarters, and
adequate food, and at least one (1) rest day per week.

However, as mentioned above, the Complainant was

ordered and made to sleep for a period of five (5) hours only,
considerably less than the eight (8) hour minimum imposed by
the contract.

In addition, the Complainant was never given any rest day

by her employer, and was made to work for seven (7) days a
week non-stop with only her short sleep as her rest, and to
aggravate matters, she was given inadequate food considering
the amount of work she performed, i.e. “Kubos” bread.

Lastly, her employment contract mandates that the

employer and the latter’s family members shall treat her with
respect, and dignity.

Sadly, even the aforementioned very basic obligation was

never complied with by the Complainant’s employer as she was
subjected to physical and verbal abuses whenever she could not
comply with all their simultaneous commands and orders. She
was stepped-on, kicked, man handled, and even spat-on.

In addition, and not to be forgotten is the fact that she was

nearly killed by her employer, at a time when she was unable to
work due to her illness. She was also not given proper medical
attention when she needed it, and was instead locked-up inside
a room, as if she was a prisoner.

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 In sum, the foregoing facts and circumstances more than
substantiates the fact that the respondents as the
representative of the employer in the Philippines breached their
obligations under the terms and conditions stated under the
POEA Standard Employment Contract.

The abusive behaviour of the Complainant’s Employer

ultimately led to the abrupt and unjustified termination of her
employment and her contract, without any fault on the part of
the Complainant. The termination of complainant’s
employment having been made without any valid, just, or
authorized cause, the same is thus illegal, and in case of illegal
termination of employment, the pertinent portion Section 10 of
RA 8042, as amended by RA 10022 is thus quoted as follows:

SEC. 10. Money Claims. – Xxx.

Xxx.

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 if 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 of the unexpired term, whichever is
less.

Xxx.”

However, the Supreme Court in the case of Antonio M.

Serrano vs. Gallant Maritime Services, Inc., et. al.2 stated
that in case of termination of employment without any just,
valid, or authorized cause, the employee is entitled to the
payment of his salary corresponding to the unexpired portion of
his contract without any distinction. The same ruling was
reiterated by the Supreme Court in its ruling in the case of
Sameer Overseas Placement Agency, Inc. vs. Joy C.
Cabiles3.

The Respondents being the local employment agency

and/or recruitment agency is jointly and severally liable with
2
G.R. No. 167614, 24 March 2009.
3
G.R. No. 170139, 05 August 2014.
Page 8 of 14
the employer for any money claim arising out of the POEA
Standard Employment Contract as stated under Section 10 of
RA 8042 as amended by RA 10022, the pertinent portion of
which is quoted as follows:

"Sec. 10. Xxx.

Xxx.

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 de 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.4

Xxx.”

As such, the Respondents are liable to pay the

Complainant the amount of her salary corresponding to the
unexpired portion of her contract, i.e. from 07 November 2017
to 12 August 2019. The same is in consonance with the ruling
of the Supreme Court in the case of which declared that an
illegally dismissed Overseas Filipino Worker is entitled to her
salary corresponding to the unexpired portion of her contract.
The same ruling is reiterated in the recent case of.

In addition, the Respondents are also liable to reimburse

the complainant the full amount of placement fee and any
deductions made with interest at twelve percent (12%) percent
per annum.

4
Emphasis and Underscoring supplied.
Page 9 of 14
 Lastly, the Complainant having been made to work non-
stop, i.e. without any rest days, she is thus entitled to the
payment of her rest day premiums.

THE RESPONDENTS ARE GUILTY

FOR PAYMENT OF THE PERSONAL
BELONGINGS OF THE COMPLAINANT

Form the above stated factual antecedents, it is worthy to

note that during the time of complainant’s misery under her
foreign employer, all of her things were confiscated which
means that she had nothing but herself. This event triggered
everything on the morale of the complainant thus inflicting
more anxiety on herself.

THE RESPONDENTS ARE

LIABLE TO PAY THE
COMPLAINANT DAMAGES

First, due to the unjustified, unwarranted and inhumane

acts of the complainant’s employer, and in unjustly terminating
her employment, the Complainant is entitled to an award of
Moral Damages in the amount Fifty Thousand Pesos
(₱50,000.00).

In awarding Moral and Exemplary Damages, the Supreme

Court in the case of Timoteo H. Sarona vs. National Labor
Relations Commission, et. al.5 stated thus:

“Finally, moral damages and exemplary

damages at P25,000.00 each as indemnity
for the petitioner’s dismissal, which was
tainted by bad faith and fraud, are in
order. Moral damages may be recovered
where the dismissal of the employee
was tainted by bad faith or fraud, or
where it constituted an act oppressive
to labor, and done in a manner contrary
to morals, good customs or public
policy while exemplary damages are
recoverable only if the dismissal was
done in a wanton, oppressive, or
malevolent manner.”

In the same vein, the Supreme Court in the recent case of

Nancy S. Montinola vs. Philippine Airlines6 stated as follows:
5
G.R. 185280, 18 January 2012.
6
G.R. 198656, 08 September 2014.
Page 10 of 14
“Moral damages are, thus, appropriate.
In Almira v. B.F. Goodrich Philippines,
this court noted that unemployment
"brings untold hardships and sorrows
on those dependent on the wage-
earner."81 This is also true for the case of
suspension. Suspension istemporary
unemployment. During the year of her
suspension, Montinola and her family had
to survive without her usual salary. The
deprivation of economic compensation
caused mental anguish, fright, serious
anxiety, besmirched reputation, and
wounded feelings. All these are grounds
for an award of moral damages under
the Civil Code.82

II

Montinola is also entitled to exemplary

damages.

Under Article 2229 of the Civil Code,

"[e]xemplary or corrective damages are
imposed, by way of example or correction
for the public good, in addition to the
moral, temperate, liquidated or
compensatory damages." As this court has
stated in the past: "Exemplary damages
are designed by our civil law to permit the
courts to reshape behaviour that is
socially deleterious in its consequence by
creating negative incentives or deterrents
against such behaviour."83

If the case involves a contract, Article

2332 of the Civil Code provides that
"the court may award exemplary
damages if the defendant acted in a
wanton, fraudulent, reckless,oppressive
or malevolent manner." Thus, in Garcia
v. NLRC,84 this court ruled that in labor
cases, the court may award exemplary
damages "if the dismissal was effected
in a wanton, oppressive or malevolent
manner."85

Page 11 of 14
 It is socially deleterious for PAL to suspend
Montinola without just cause in the
manner suffered by her. Hence, exemplary
damages are necessary to deter future
employers from committing the same
acts.”7

In the case at bar, it bears emphasizing that the oppressive

conduct of the employer is not only limited to the termination of
the Complainant’s employment but more so with respect to the
former’s behaviour, and actuations towards the Complainant
during the subsistence of her employment. These abusive and
inhumane acts to which the complainant was subjected to more
that satisfies the requirement of bad faith or conduct abusive to
behaviour for clearly it goes beyond the same.

Second, in order to dissuade those who might be similarly

minded and to serve as an example to other employment
agencies to be more mindful and protective of the rights and
welfare of our Overseas Filipino Workers, the Respondents must
be made to pay the amount of Fifty Thousand Pesos
(₱50,000.00) as exemplary damages, which award is justified
under the afore-quoted jurisprudence, and the facts and
circumstances of the instant case.

Third, by reason of the wanton disregard of the

complainant’s rights, the complainant was constrained to
engage the services of the ______________________ and is thus
entitled to an award of Attorney’s Fees equivalent to ten percent
(10%) of the total award. The same to be deposited to a special
trust fund in the name of the Public Attorney’s Office with the
National Treasury.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed that the Honorable Labor Arbiter render judgment in
favor of the Complainant, and ordering the Respondent to:

1. Reimburse the full amount of the Complainant’s

Placement Fee and any deductions with interest;

2. Pay the complainant due to breach of contract

3. Pay the complainant’s salary for the unexpired portion

of the contract;

7
Emphasis and Underscoring Supplied.
Page 12 of 14
 4. Pay the complainant’s confiscated personal belongings
in the amount of ₱30,000.00;

5. Pay Moral damages in the amount of ₱50,000.00;

6. Pay Exemplary Damages in the amount of ₱50,000.00;

and,
7. Pay Attorney’s Fees corresponding to 10% of the total
award.

Other just and equitable reliefs are likewise prayed for.

City of Ilagan, Isabela for ******************. 29 July 2019.

***********************

By:

__________________________________________
Roll No. _____
Attorney

Page 13 of 14
 VERIFICATION

I, AGENS GAMCHANGER, of legal age, Filipino and a

resident of Purok 4, Rizal St. Barangay San Vicente, City of
Ilagan, Isabela, after having been sworn in accordance with law,
hereby depose and state that:

1. I am the Complainant in the above-entitled case;

2. I have caused the preparation of the instant Position

Paper;

3. I have read the same, and know the contents thereof ;

4. The allegations contained therein are true and correct of

my own personal knowledge.

IN WITNESS WHEREOF, We have hereunto affixed our

signature this 29th day of July 2019 in the ____________________.

__________________
Complainant-Affiant

SUBSCRIBED AND SWORN to before me this 29th day of

July 2019 in the ______________________.

**********************

Copy Furnished:

INTERNATIONAL
MANPOWER AGENCY CO.
and/
-General Manager,
Respondents
*************************

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