FILIPINO
ACT OF 1995 & RECRUITMENT AND
PLACEMENT
115. JSS Indochina Corporation vs.
a full refused of their placement fee with
Gerardo R. Ferrer, et al. [ G.R. No.
interest at 12% per annum.
156381 October 14, 2005]
Such award is in accordance to Section 10
of RA 8042, otherwise known as the
Facts:
Migrant Workers and Overseas Filipinos
Petitioner hired the respondents as
Act, which provides:
construction workers for its Taiwan-based
SECTION 10. Money claims.-xxx
principal employer Sr Formosa Plastics
xxx
Corp. (FPC). Pursuant to the parties
In case of termination of overseas
contracts
of
employment,
each
employment without just, valid or
respondent would receive monthly salary
authorized cause as defined by law or
of NT$15,360. Their employment covered
contract, the worker shall be entitled to
a period of 1 year of from May 1, 1997 to
the full reimbursement of his placement
May 1, 1998.
fee with 12% interest per annum, plus his
As scheduled, respondents, along with
salaries for the unexpired portion of his
other Filipino contract workers, were
employment contract or for 3 months for
deployed to Taiwan. But upon their arrival,
every year of the unexpired term,
only 20 workers, excluding respondents,
whichever is less.
were
employed as construction workers at FPC.
Aggrieved, they were assisted by the
116. People of the Philippines vs.
officials of Manila Economic Cultural Office
Capt. Florencio O. Gasacao [G.R.
who directed them to sign affidavits
No. 168445 November 11, 2005]
alleging that they were assigned, not as
construction workers for FPC, but as cable
Facts:
tray I pipe tracts workers at Shin Kwan
Appellant was the Crewing Manager of
Enterprises Co., Ltd. They were then
Great Eastern Shipping Agency Inc., a
repatriated to the Philippines.
licensed local manning agency, while his
Thus, respondents filed a complaint for
nephew and co-accused, Jose Gasacao,
illegal dismissed, payment of salaries,
was the President. As the crewing
refund of placement fee, damages and
manager, Capt. Gasacao's duties included
attorneys fees with the Office of the Labor
receiving job applications, interviewing the
Arbiter against JSS Indochina Corp.
applicants and informing them of the
agency's requirement of payment of
SC Ruling:
performance or cash bond prior to
The decision to resign from their
deployment. On August 4, 2000, Capt.
employment were made by force of
Gasacao and Jose Gasacao were charged
circumstances not attributable to their
with Large Scale Illegal Recruitment
own fault, and it was not their fault that
defined under Section 6, paragraphs (a),
they were left out from among those
(l) and (m) of Republic Act (RA) No. 8042
workers
who
were
considered
for
or the Migrant Workers and Overseas
employment by the foreign employer.
Filipinos Act of 1995, and penalized under
Evidently, petitioner is guilty for breach of
Section 7(b) of the same law, before the
contract
because
upon
arrival
of
RTC of Quezon City. Only Capt. Gasacao
respondents at the jobsite, there was no
was arrested while Jose Gasacao remained
employer on hand, which then made
at large. When arraigned, appellant
respondents to decide to go home to the
pleaded not guilty to the offense charged.
Philippines. Therefore, the termination of
Thereafter, trial on the merits ensued. On
respondents services is, undoubtedly,
March 5, 2001, the RTC of Quezon City,
without just or valid cause. Consequently,
rendered its Joint Decision convicting
the respondents are entitled to an amount
appellant
of
Large
Scale
Illegal
representing their 3 months salaries
Recruitment.
considering
that
their
employment
contract has a term of exactly 1 year, plus
Issue:
the
only
of earning capacity.
Permanent total
qualification prescribed for the physician
disability means disablement of an
entrusted with the task of assessing the
employee to earn wages in the same kind
seamans disability is that he be
of work, or work of similar nature that he
company-designated.
was trained for or accustomed to perform,
Again, in Benjamin L. Sarocam v.
or any kind of work which a person of his
Interorient Maritime Ent., Inc., and
mentality and attainment could do. In
Demaco United Ltd, [9] the Court ruled
addition, the Court in GSIS v. Cadiz[11]
that the opinion of the companyand Ijares v. CA[12] held that permanent
designated physician should be upheld
disability is the inability of a worker to
over that of the doctors appointed by the
perform his job for more than 120 days,
seafarer considering that the basis of the
regardless of whether or not he loses the
findings of the seafarers doctor are the
use of any part of his body.
medical
findings
of
the
company
The
company-designated
physician
physician.
cleared respondent for work resumption
Undoubtedly,
jurisprudence
is
upon finding that his infection has
replete with pronouncements that it is the
subsided after successful medication. We
company-designated physicians findings
agree with the NLRC that the doctor more
which should form the basis of any
qualified to assess the disability grade of
disability claim of the seafarer. In this
the respondent seaman is the doctor who
particular case, respondent refused to
regularly monitored and treated him. The