REPUBLIC OF THE PHILIPPINES

NATIONAL LABOR RELATIONS COMMISSION

REGIONAL ARBITRATION IV
Halang, Calamba City

SIVESTER II DECENA
ORBON
Complainant,

-versus- NLRC RAB IV CASE NO.03-05048-21-C

For: Illegal Dismissal/Money Claims and
Damages
Hon. Labor Arbiter Danna M. Castillon

MSC CREWING SERVICES

PHILS INC. ET. AL.,
Respondents.

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REJOINDER

Complainant, by himself, unto this Honorable Office most respectfully

states that:

1. That on October 7, 2021, herein complainant received a pleading

from respondents denominated as “Supplemental Reply”.

2. That said pleading should not have been given due course by the
Honorable Office since the same is a mere afterthought on the part
of the respondents and was submitted to this Office after
complainant has already submitted his Position Paper and Reply.

3. Be that as it may, the prayer for the payment for the unexpired
portion of the contract is not erroneous since law and jurisprudence
is replete as regards to this rule. The Supreme Court ruled:

Respondent Joy Cabiles, having been illegally dismissed, is entitled to her

salary for the unexpired portion ofthe employment contract that was violated
together with attorney’s fees and reimbursement of amounts withheld from her
salary.
 Section 10 of Republic Act No. 8042,otherwise known as the Migrant Workers and
Overseas Filipinos Act of1995, states thatoverseas workers who were terminated
without just, valid, or authorized cause "shall be entitled to the full reimbursement of
his placement fee with interest of twelve (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."

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 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.

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 provisions [sic] 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
orpartnership 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.1

As enunciated by the Supreme Court in Viernes v. NLRC, (GR No.

108405, April 4, 2003) an employer is liable to pay indemnity in the
form of nominal damages to an employee who has been dismissed if, in
effecting such dismissal, the employer fails to comply with the
requirements of due process. Respondents likewise acted in a wanton,
oppressive or malevolent manner in terminating complainant’s employment
and are therefore liable for exemplary damages. This should serve as
protection to other employees of respondent company, and by way of
example or correction for the public good so that persons similarly minded
as respondents would be deterred from committing the same acts.
Exemplary damages may be awarded if the dismissal was effected in a
wanton, oppressive, or malevolent manner.

As to Attorney’s Fee.

Article 111 of the Labor Code, as amended, governs the grant of attorney’s
fees in labor cases:

‘Art. 111. Attorney’s fees. – (a) In cases of unlawful withholding of wages,

the culpable party may be assessed attorney’s fees equivalent to ten
percent of the amount of wages recovered.

1
SAMEER OVERSEAS PLACEMENT AGENCY, INC., Petitioner, vs. JOY C. CABILES, G.R. No. 170139 , August 5, 2014
(b) It shall be unlawful for any person to demand or accept, in any judicial
or administrative proceedings for the recovery of wages, attorney’s fees
which exceed ten percent of the amount of wages recovered.’

Section 8, Rule VIII, Book III of its Implementing Rules also provides, viz.:

‘Section 8. Attorney’s fees. – Attorney’s fees in any judicial or

administrative proceedings for the recovery of wages shall not exceed 10%
of the amount awarded. The fees may be deducted from the total amount
due the winning party.’

WHEREFORE, premises considered it is respectfully prayed that:

1. Complainant be declared to have been illegally dismissed:

2. Complainant be awarded of his money claims;

3. Complainant be awarded of moral and exemplary damages;

4. Complainant be awarded Attorney’s Fee;

All other remedies just and equitable are prayed for under the foregoing
circumstances.

October 13, 2021. General Mariano Alvarez, Cavite.

SILVESTER II DECENA ORBON

Complainant

Cc:
MSC Crewing Services Phil. Inc.