#3 - Prime Stars v. Baybayan, Et - Al.
#3 - Prime Stars v. Baybayan, Et - Al.
#3 - Prime Stars v. Baybayan, Et - Al.
INSTRUCTION LEARNED:
1. The judicial review of labor cases must not go beyond the evaluation of the sufficiency
of the evidence upon and as such, the findings of fact and conclusions of law of the
National Labor Relations Commission (NLRC) are generally accorded not only great
weight and respect but even clothed with finality and deemed binding on the
Supreme Court (SC) as long as they are supported by substantial evidence.
2. The filing of complaint for illegal dismissal is inconsistent with resignation.
3. The employer still has the burden of proving that the resignation is voluntary despite
the employer’s claim that the employee resigned.
4. Republic Act (RA) No. 8042, otherwise known as the Migrant workers and Overseas
Filipinos Act of 1995, explicitly prohibits the substitution or alteration to the prejudice
of the worker of employment contracts already approved and verified by the
Department of Labor and Employment (DOLE) from the time of
5. The clear and categorical language of the law likewise imposes upon foreign principals
minimum terms and conditions of employment for land-based Overseas Filipino
Workers (OFWs), which include basic provisions for food, accommodation and
transportation
6. Prime Stars International Promotion Corporation’s failure to comply with the
stipulations on the Philippine Overseas Employment Administration (POEA)-approved
employment contracts of respondents with regard to salaries and transportation
expenses, guaranteed under our labor laws, constituted an act oppressive to labor
and more importantly, contrary to law and public policy.
7. Section 10 of Republic Act (RA) No. 8042 mandates solidary liability among the
corporate officers, directors, partners and the corporation or partnership for any
claims and damages that may be due to the overseas workers.
8. 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 or partnership for the aforesaid claims and
damages.
9. When there is finding of illegal dismissal and an award of back wages and separation
pay, the decision also becomes a judgment for money from which another
consequence flows – the payment of legal interest in case of delay imposable upon
the total unpaid judgment amount, from the time the decision became final.
10. It is a time-honored rule that in controversies between a worker and his employer,
doubts reasonably arising from the evidence, or in the interpretation of agreements
and writing should be resolved in the worker’s favor.
RAQUEL Q. CANDELARIA
JD 4A
LABOR LAW REVIEW