Back

Sameer Oversees Placement Agency, Inc. Vs. Joy C. Cabiles [Concurring and Dissenting Opinion J. Brion]

SAMEER OVERSEAS AGENCY, INC., petitioner vs. JOY C. CABILES, respondent. [Concurring and Dissenting Opinion J. Brion]

G.R. No. 170139 | 2014-08-05

CONCURRING AND DISSENTING OPINION
 

BRION, J.:
 
I concur with the ponencia's conclusion that respondent Joy C. Cabiles was illegally dismissed for lack of valid cause and due process.

I likewise concur with the conclusion that Section 10 of Republic Act (R.A.) No. 8042 (Migrant Workers and Overseas Filipino Act of 1995), 1 as reinstated by R.A. No. 10022,2 is unconstitutional in so far as it provides that:
 
In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, the workers shall be entitled to the full reimbursement of his placement...