G.R. No. 113363 - ASIA WORLD RECRUITMENT INC., VS. NATIONAL LABOR RELATIONS COMMISSION (2ND DIVISION), PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA) AND PHILIP MEDEL, JR.. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the decision of the POEA dated March 12, 1991 is hereby modified as follows: Respondents are hereby held solidarily liable to pay complainant: The sum of Seven Thousand Two Hundred US Dollars (US$7,200) representing his salaries for the unexpired portion of his contract. US Dollars One Thousand Six Hundred Eighty (US$1,680.00) as and for complainant's overtime pay. US Dollars One Thousand Four Hundred Nine and Twenty-Three (US$1,409.23) as salary differential. Attorney's fees, representing 10% of the totality of the amount of the award." Thereafter, the NLRC, acting on private respondent's Motion for Clarificatory Judgment and/or Motion for Reconsideration, rendered a Decision dated October 29, 1993, clarifying that the aforesaid amounts should be paid at their prevailing peso equivalent at the time of payment. [12] Petitioner's Motion for Reconsideration of the aforesaid Decision was likewise denied by the NLRC for lack of merit. Hence, the instant petition for certiorari , which was given due course by this Court after the private respondent, and public respondents, through the Office of the Solicitor General, filed their respective Comments, and private respondent filed his Reply thereto. The parties thereafter submitted their respective Memoranda. The issue raised in this petition is whether or not public respondent NLRC committed grave abuse of discretion when it affirmed the decision of the POEA finding that private respondent was illegally dismissed with the modification that salary differential, overtime pay and attorney's fees should be allowed. [13] During the pendency of the case, by virtue of a writ of execution issued by the NLRC, petitioner made substantial payments to private respondent in partial satisfaction of the NLRC decision thus prompting private respondent to file a Motion to Dismiss dated April 20, 1996 and a subsequent Supplemental Motion to Dismiss dated September 19, 1996, stating that: "a. that on October 23, 1993, the NLRC resolution (sic) modified its DECISION (dated September 13, 1993), by ordering the petitioner Asiaworld to pay him the following: The sum of Seven Thousand Two Hundred US Dollars (US$7,200.00) or its prevailing peso equivalent at the time of payment representing his salaries for the unexpired portion of his contract. US Dollars One Thousand Six Hundred Eighty (US$1,680.00) or its prevailing peso equivalent at the time of payment as and for complainant's overtime pay. US Dollars One Thousand Four Hundred Nine and Twenty-Three (US$1,409.23) or its prevailing peso equivalent at the time of payment as salary differential. Attorney's fees, representing 10% of the totality of the amount of the award. x x x" The total award, including attorney's fees, is US$11,318.13. b. that on April 20, 1996, he filed a MOTION TO DISMISS because of partial payment made by Asiaworld Recruitment, in the sum of P201,564.13; c. that on July 26, 1996, the petitioner Asia World Recruitment Inc paid him the additiona