O F W CASES
SUPREME COURT DECISIONS
The Constitution of the Philippines vests judicial power in one Supreme Court and such lower courts as may be established by law. [Section 1, Art. VIII, 1987 Constitution). The Supreme Court is composed of one Chief Justice and fourteen Associate Justices, all of whom are appointed by the President from a list of recommendees presented by the Judicial and Bar Council.
The members of the Supreme Court serve during good behavior until they reach the age of 70 or unless removed by impeachment for any of the grounds provided by the Constitution.
The Court sits either en banc or in divisions of three, five or seven members.
(G.R.) GENERAL REGISTER OF PHILIPPINE SUPREME COURT PAST DECISIONS ON OFW CASES.
G.R. No. 145587 ( Dismissal )
Upon arrival in Riyadh, Gran questioned the discrepancy in his monthly salary—his employment contract stated USD 850.00; while his Philippine Overseas Employment Agency (POEA) Information Sheet indicated USD 600.00 only. However, through the assistance of the EDI office in Riyadh, OAB agreed to pay Gran USD 850.00 a month. read more>>>>>>
G.R. 152214 ( Bangungot )
On September 16, 2000, Manny dela Rosa Razon, a native of Lemery, Batangas and an overseas Filipino worker, died of acute cardiac arrest while asleep at the dormitory of the Samsong Textile Processing Factory in South Korea. Informed thereof, the Philippine Overseas Labor Office (POLO) at South Korea immediately relayed the incident to the Philippine Embassy in South Korea. Forthwith, the [Labor] Attaché of the Philippine Embassy dispatched a letter to Eleuterio N. Gardiner, administrator of the Overseas Workers Welfare Administration (OWWA). The letter reads: read more>>>>>>
G.R. No. 177100 ( Cholecystolithiasis )
This case is about a Filipino seafarer’s claim for disability benefits from cholecystolithiasis or gallstone that was discovered when he suffered excruciating pain while working on board an ocean-going vessel, an illness that was not in the list of compensable diseases listed in the standard seafarer’s contract that he signed with the vessel owner. read more>>>>>>
G. R. No. 177948 (Suntok-Illegal Dismissal)
While on board, the master of the vessel gave respondent orders which he could not understand; thus, he failed to obey him. Consequently, enraged at not being obeyed, the master struck him, hitting the right dorsal part of his body. He then requested medical assistance, but the master refused. Hence, he sought the help of petitioner Lolita Uy (the manning agency owner), who then talked to the master of the vessel. read more>>>>>>>
G.R. Nos. 182978-79 ( Lason )
On January 6, 1997, Jasmin Cuaresma (Jasmin) was deployed by Becmen Service Exporter and Promotion, Inc.2 (Becmen) to serve as assistant nurse in Al-Birk Hospital in the Kingdom of Saudi Arabia (KSA), for a contract duration of three years, with a corresponding salary of US$247.00 per month.
Over a year later, she died allegedly of poisoning. read more>>>>>>
G.R. No. 191425 ( Add Wife…Have Life )
Jesusa Pinat Nollora testified that she and accused Atilano O. Nollora, Jr. met in Saudi Arabia while she was working there as a Staff Midwife in King Abdulah Naval Base Hospital. Atilano O. Nollora, Jr. courted her and on April 6, 1999, they got married at the [IE]MELIF Chruch [sic] in Sapang Palay, San Jose del Monte, Bulacan. read more>>>>>
G.R. No. 179532 – ( Scrapped )
Claudio S. Yap was employed as electrician of the vessel, M/T SEASCOUT on 14 August 2001 by Intermare Maritime Agencies, Inc. in behalf of its principal, Vulture Shipping Limited. The contract of employment entered into by Yap and Capt. Francisco B. Adviento, the General Manager of Intermare, was for a duration of 12 months. On 23 August 2001, Yap boarded M/T SEASCOUT and commenced his job as electrician. However, on or about 08 November 2001, the vessel was sold. The Philippine Overseas Employment Administration (POEA) was informed about the sale on 06 December 2001 in a letter signed by Capt. Adviento. Yap, along with the other crewmembers, was informed by the Master of their vessel that the same was sold and will be scrapped. They were also informed about the Advisory sent by Capt. Constatinou, which states, among others: read more>>>>>>
G.R. No. 163657 – (Retrenchment)
Due to the considerable decrease in the work requirements of Saudi Aramco, Petrocon was constrained to reduce its personnel that were employed as piping designers, instrument engineers, inside plant engineers, etc., which totaled to some 73 personnel, one of whom was respondent.
Thus, on June 1, 1998, Petrocon gave respondent a written notice informing the latter that due to the lack of project works related to his expertise, he is given a 30-day notice of termination, and that his last day of work with Petrocon will be on July 1, 1998. Petrocon also informed respondent that all due benefits in accordance with the terms and conditions of his employment contract will be paid to respondent, including his ticket back to the Philippines. read more>>>>>>>>
G.R. No. 100399 ( Buntis )
Besides, it has not been shown by petitioner that a negative result in a pregnancy test was a prerequisite for employment or that if the private respondent would get pregnant, her employment would be terminated. Neither was it proven that the latter misrepresented that she was not pregnant at the time and that such misrepresentation, if it existed, amounted to fraud which induced the petitioner or its foreign principal to hire her, thereby giving them the right to have the employment contract annulled pursuant to Article 1330, in relation to Article 1338, of the Civil Code. read more>>>>
More in the days to come ………
OFWempowerment Blog conveys our heartfelt thanks to the following sources:
1) The Philippine Supreme Court Decisions
2) The LAWPhil Project of Arellano Law Foundation
3) CHAN, ROBLES Virtual Law Library