G.R. NO. 162308 - G & M PHILIPPINES, INC., VS. ROMIL V. CUAMBOT,*. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, complainant most respectfully prays unto this Honorable Office that the instant complaint be given due course and that a decision be rendered in his favor and against respondents G & M (Phils.), Inc., Alwaha ( sic ) Workshop and/or Muhamd ( sic ) Muthiri, as follows: (1) Ordering the respondents to pay, jointly and severally, complainant the unpaid salaries and overtime pay in the amounts of P61,560.00 and P66,484.80, respectively, including interests, until the same will be fully paid; (2) Ordering the respondents to pay, jointly and severally, complainant['s] salary for the unexpired portion of the contract in the amount of P184,680.00, including interests, until the same will be fully paid; (3) Ordering the respondents to pay, jointly and severally, complainant['s] actual expenses which he incurred in applying for the job, including expenses in leaving for the job, including expenses in leaving for Saudi Arabia and plane ticket, as well as repatriation bond and incidental expenses in going home to the Philippines in the amounts of P49,000.00 and P20,000.00, respectively, including interests, until the same will be fully paid; (4) Ordering the respondents to pay, jointly and severally, complainant moral damages in the amount of P150,000.00 and exemplary damages in the amount of P150,000.00, including interests, until the same will be fully paid; (5) Ordering the respondents to pay, jointly and severally, complainant for and as attorney's fees in the amount of P68,172.48 or the amount equivalent to 10% of the total amount of the foregoing claims and damages that may be awarded by the Honorable Office to the complainant. [11] In its position paper, petitioner alleged that respondent was deployed "for overseas work as car body builder for its Principal Golden Wings Est. for General Services and Recruitment in Saudi Arabia for an employment period of 24 months, with a monthly salary of US$400.00." [12] It insisted that respondent was religiously paid his salaries as they fell due. After working for a little over seven months, respondent pleaded with his employer to be allowed to return home since there were family problems he had to settle personally. Respondent even submitted a resignation letter [13] dated July 23, 1995. To support its claim that respondent had been paid his salaries as they fell due, petitioner submitted in evidence copies of seven payslip [14] authenticated by the Philippine Labor Attaché in Riyadh, Saudi Arabia. Petitioner asserted that since respondent only worked for a little over seven months and did not finish his contract, he should pay the cost of the plane ticket. It pointed out that according to the standard employment contract, the employer would provide the employee with a free plane ticket for the flight home only if the worker finishes his contract. Respondent countered that his signatures in the purported payslips were forged. He denied having received his salaries for the said peri