GBMLT v Malinao (2015) Petitioners: GBLMT Manpower services Respondents: Victoria Malinao Doctrine: Te intention o! te re"#ire$ent (onl% cas or s#ret% &ond) is !#l!illed wen te e$plo%er is a&le to deposit wit te 'LR an a$o#nt tat is e"#ivalent to te $onetar% award ad#d*ed &% te la&or ar&iter in te e$plo%ee+s !avor, and tat sall s#&sist #ntil te !inal resol#tion o! te appealFACTS: 1-
Malinao Malinao applied applied as teace teacerr !or deplo%$ent deplo%$ent a&roada&road- .e went went tro#* tro#* te application and was interviewed &% te president o! an /tiopian niversit%a- as endorsed endorsed as an an acco#n acco#ntin* tin* lect#rerlect#rer2- Malinao Malinao paid paid !or te !ees !ees e"#ivale e"#ivalent nt to one $ont $ont salar% salar% and si*ned si*ned a ontract ontract o! /$plo%$e /$plo%$ent nt coverin* coverin* 2 acade$ic acade$ic %ears, approved approved &% P/34- pon pon er arrival arrival in /tiop /tiopia, ia, se was told tat tat er credent credential ials s wo#ld wo#ld ave to &e reeval#ated- .e was presented a new contract !or si*nin*a- Do#&t!#l Do#&t!#l to si*n si*n at !irst, !irst, &#t si*ned si*ned an%wa% an%wa% seein* seein* as it is a cop% cop% o! te ori*inal contract- .e was assi*n assi*ned ed to 3le$a%a 3le$a%a niv niv &#t decided decided to discontin# discontin#e e &eca#se &eca#se se said tat a#ditin*, not acco#ntin*, was er speciali6ationa- 3noter 3noter lect#rer lect#rer too7 too7 over over and se se ad no teac teacin* in* loadload5- Malina Malinao8 o8s s ran7 ran7 was was de$ote de$oted d !ro$ !ro$ lect#r lect#rer er to assist assistant ant p#rs#a p#rs#ant nt to a $e$orand#$ iss#ed &% te scool (incl#ded also a re"#est to si*n a new contract re!lectin* can*e o! ran7 and salar%) 9- Malinao Malinao re!#sed re!#sed and instead instead went went to te Ministr% Ministr% o! ed#catio ed#cation n to protest te reran7in*- ;n a $eet $eetin in*, *, se was so#t so#ted ed at &% te VP &#t s#&se s#&se"# "#en entl tl% % apolo*i6ed sa%in* tat se to#*t Malinao was te leader o! a protest<- 3noter 3noter instr#ctor instr#ctor as as replaced replaced Malinao Malinao &eca#se &eca#se o! a st#dents8 st#dents8 petition petition wit te si*nat#res o! s#c- Malinao cec7ed te $e$o and saw tat so$e st#dents were not !ro$ er class=- Tere Tere was also also an iss#e iss#e a&o#t a&o#t te "#ali!i "#ali!icat cation ion o! respond respondent ent not avin* a *rad#ate de*ree a- Malina Malinao o answere answered d tat se was a P3 and and a law *rad#at *rad#ate, e, and tis, in te P>, is o! a level i*er tan a $aster8s de*ree10- VP iss#ed te te notice o! ter$ination, ter$ination, indicatin* te two instances instances were te Dept o! 3cco#ntin* ad to replace Malinaoa- Te letter letter indicate indicated d tat as per per 3rticle 3rticle ? s#& article article 2 o! o! te contract, contract, te e$plo%er is o&li*ed to *ive e$plo%ee tree $onts advanced notice as re*ards contract ter$ination- ;n te $eanti$e e$plo%ee is e@pected to contin#e wor7&- 3lso tat tat Malinao Malinao 7ept 7ept o! ins#ltin* ins#ltin* te te scool scool and te st#dents st#dents-11- Malinao answered answered sa%in* tat se cannot &e ter$inated ter$inated &ased on on $ere alle*atio alle*ationsns- .e said tat te 4 $os prior notice is !or ter$ination ter$ination wito#t ca#se-
12- ile ile waitin* waitin* !or te 4 $ont period to e@pire, e@pire, Malinao was o!!ered o!!ered a post at te ;nternal 3#dit dept (;3D) and accepted te o&- >owever, se si*ni!ied in a letter er can*e o! $ind and reected te post14- .e was ten repatriated repatriated and si*ned a "#itclai$ "#itclai$ and release release in !avor o! e$plo%er wit =00 .D as consideration1- Malinao !iled a case in te La&or La&or 3r&iter a*ainst Petitioner Petitioner and 3le$a%a 3le$a%a niversit% !or te #ne@pired portion o! er contractLa&or La&or 3r&iter: 3r&iter: Malinao #nd#l% repatriate repatriated d in &reac &reac o! e$plo%$en e$plo%$entt contract contract and so#ld not &e dis$issed #st &eca#se se did not ave a $aster8s de*ree- ;n te end owever, L3 !o#nd tat Malinao was constr#ctivel% dis$issed- Te a$o#nt o! te "#itclai "#itclai$ $ was also #nreasona #nreasona&le&le- 3lso entitled entitled to $oral da$a*es da$a*es !or te ver&al a&#se: 'LR: 3ppeal &% Petitioner- ;n er Motion to Dis$iss 3ppeal, respondent indicated tat wen petitioner !iled its $e$orand#$ o! appeal on 20 3pril 200, it iss#ed a cec7 as pa%$ent !or te appeal &ond- Te cec7 was presented !or pa%$ent onl% on 24 3pril 200- Considering that it takes three days for checks to clear - and that checks only produce the effect of payment when they have been cashed - the appeal appeal bond bond was posted beyond beyond the 1-day reglementa reglementary ry period period- >ence, accordin* to respondent, petitioner+s appeal was not per!ected, and te la&or ar&iter+s r#lin* ad attained !inalit%'LR r#led tat te "#itclai$ was valid and tat te ter$ination o! e$plo% e$plo%$en $entt was was &eca#s &eca#se e Malina Malinao o reect reected ed te new o!!er o!!er &% President Aassa in te ;3D- >er e$plo%$ent did not ter$inate &#t was to &e contin#ed &% te new o!!er, in a di!!erent capacit%- T#s, se was not constr#ctivel% dis$isseddis$issed•
3: Reinstated te L3 decision- =00 .D #nconsciona&le and er ed#cational attain$ent $#st not &e ta7en a*ainst er- #itclai$ si*ned &% !orce o! necessit%!!er in te ;3D in te p#rview o! a new contract- As for the bond! CA ruled that since the check was encashed only after the allowed period! the appeal was filed out of time" According to the CA! the rules provide that only a cash or surety bond may be considered as appeal bond! and noncompliance with the rule was fatal to petitioner#s cause" $SS%&S: ' Malinao was ille*all% dis$issed' te #itclai$ and Release was valid '() the appeal was filed on time *%+$), *AT$(: *AT$(: 3ppeal !iled on ti$e Postin* o! &ond is re"#ired !or te per!ection o! an appeal as re"#ired &% 22< o! te La&or ode- C;n case o! a #d*$ent involvin* a $onetar% award, an appeal &% te e$plo%er $a% &e per!ected onl% #pon te postin* o! a cas or s#ret% &ond iss#ed &% a rep#ta&le &ondin* co$pan% d#l% accredited &% te o$$ission in te a$o#nt e"#ivalent to te $onetar% award in te #d*$ent appealed !ro$- ;n several cases, te word Conl% is constr#ed as an appeal &ein* per!ectedonly per!ected only by a cash or surety bond! hence e.clusive" Te rationale &ein* tat te wor7ers are
ass#red o! te receipt o! $one% #d*$ent in teir !avor i! ever te% will win and so tat e$plo%ers co#ld not #se an appeal to delay proceedin*s- te intention o! te re"#ire$ent is !#l!illed wen te e$plo%er is a&le to deposit wit te 'LR an a$o#nt tat is e"#ivalent to te $onetar% award ad#d*ed &% te la&or ar&iter in te e$plo%ee+s !avor, and tat sall s#&sist #ntil te !inal resol#tion o! te appeal-
.#c contract as te !orce o! law &etween te parties as lon* as its stip#lations are not contrar% to law, $orals, p#&lic order etc- .#c stip#latiosn are valid as lon* as e@ercised in *ood !ait- Te iss#e o! te $aster8s de*ree is one o! $is#nderstandin*-
;n tis case, tere is no "#estion tat te 'LR accepted te appeal &ond posted &% petitioner tro#* a c#rrentEdated cec7 as evidenced &% a receipt- Malinao also did not disp#te te s#!!icienc% o! te &ond or te petitioner8s state$ent tat te &ond is still in e!!ect-
were a person e@ec#tin* a waiver as done vol#ntaril% wit !#ll #nderstandin* o! its ter$s, co#pled wit te pa%$ent o! consideration, it so#ld &e #peld- Malinao ad$its tat indeed se ad !#ll #nderstandin* o! te ter$s and conditions- Te iss#e ere is te =00 .D To reiterate, te entitle$ent to te salaries !or te #ne@pired portion o! te e$plo%$ent contract o&tains onl% !or ille*all% dis$issed e$plo%ees- ;n view o! o#r !indin* tat respondent was not ille*all% dis$issed, se is not entitled to s#c salaries-
'everteless, we ave ad occasion to r#le tat te appeal &ond re"#ire$ent !or #d*$ents involvin* $onetar% awards $a% &e rela@ed in $eritorio#s cases as in instances when a liberal interpretation would serve the desired ob/ective of resolving controversies on the merits- e do not see w% te sa$e li&eralit% E i! at all needed E cannot &e applied to tis case in partic#lar, in wic it is clear tat respondent+s alle*ations o! ille*al dis$issal and $one% clai$s are #n!o#ndedRespondent le*all% dis$issed 3 plain readin* o! R3 <02 states tat te salaries !or te #ne@pired portion onl% applies to tose ille*all% dis$issed overseas wor7ers or dis$issed wito#t #st ca#seMalinao was dis$issed p#rs#ant to 3rticle ? o! te contract wic states: CThis contract may be terminated by either party! at any time and for no cause by giving three months notice to the other party"0 ;t is well to note tat te ri*t to ter$inate te ontract o! /$plo%$ent at will was also availa&le to respondent, wo e@ercised tat ri*t wen se si*ni!ied er can*e o! $ind and reected te o& at te ;nternal 3#dit Depart$ent- Tis detail was appreciated even &% te la&or ar&iter wo !o#nd tat respondent ad "#it er o&-
#itclai$ and Release is Valid
3s aptl% o&served &% te 'LR, respondent is a learned pro!essional and a teacer no less- 3n%one wo#ld &e ard p#t to tric7 er into a*reein* to so$etin* li7e si*nin* a waiver- ;n tis case, no proo! was presented to sow tat petitioner ad de!ra#ded or deceived er into si*nin* te doc#$ent- 3&sent tat proo!, we are &o#nd to #pold te #itclai$ and Release as valid and &indin*ere!ore, 3 decision reversed and set aside-
