Maitim vs. Teknika Skills and Trade Services (2025)

Case Title: Maitim vs. Teknika Skills and Trade Services, Inc./Cesar E. Pabellano and Arabian Gulf Company for Maintenance and Contracting
Citation: G.R. No. 240734
Date: January 15, 2025
Author: Gaerlan, J.

Parties:

• Petitioners: Stephanie A. Maitim, Margie M. Amban, and Flora Q. Mahinay
• Respondents: Teknika Skills and Trade Services, Inc./Cesar E. Pabellano and Arabian Gulf Company for Maintenance and Contracting

Facts:

• Maitim, Amban, and Mahinay were hired by Teknika Skills and Trade Services, Inc. (TSTSI) in 2013 on behalf of Arabian Gulf Company for Maintenance and Contracting (AGCMC) as Nursing Aides for King Fahad General Hospital in Al Khobar, Saudi Arabia.
• The original contracts stipulated a monthly salary of USD 400.00, an eight-hour workday, a food allowance, and 21 days of annual vacation leave with full pay based on POEA records.
• Upon departure, the workers were compelled to sign a second contract, which designated them as housekeepers with a lower monthly salary of SAR 850.00 and a 12-hour workday. “Maitim et al. protested but they were allegedly blackmailed by TSTSI’s representative that, in addition to reimbursing all of the agency’s expenses, they would have to pay hefty fines for backing out. Thus, Maitim et al. were constrained to sign the second contract and go to Saudi Arabia.”
• AGCMC refused to allow the workers to return to the Philippines after their contracts ended. Maitim and Mahinay worked for three years and two months, while Amban worked for three years and eight months.
• The workers were repatriated sometime in October 2016 and filed a case with the NLRC for underpayment of wages, nonpayment of overtime, vacation leave, and food allowance.

Ruling:

The Court found merit in the petition filed by Maitim, Amban, and Mahinay and ruled in their favor.

Discussions:

• The determination of AGCMC’s compliance with its contractual obligations lies with its own records, and the employer bears the burden to prove payment of wages and benefits. “Indeed, jurisprudence holds that in cases that involve the alleged underpayment of wages and other legally or contractually mandated benefits, the burden to prove payment rests on the employer because all pertinent personnel files, payrolls, records, remittances and other similar documents are in the custody and control of the employer.”
• The evidence presented by TSTSI et al. to prove that Maitim et al. were paid the correct wages and benefits was not credible and showed signs of forgery. “In the absence of any other evidence that Maitim et al. were paid their correct wages and other legally or contractually mandated benefits, the Court must perforce rule that TSTSI et al. failed to disprove the nonpayment thereof. Maitim et al. are thus entitled to their claim for salary differentials, vacation leave pay, and food allowance.”
• Maitim et al.’s claim for overtime pay was granted because the daily time records (DTRs) of the employees sufficiently proved that they rendered work beyond the regular working hours. “The Court notes that Maitim et al., were able to adduce what appears to be a secretly photographed schedule for AGCMC’s Housekeeping Department which states that the morning shift of housekeepers is 12 hours, or from 7:00 a.m. to 7:00 p.m. While there is no available evidence to further bolster the claim that Maitim et al. had indeed worked for 12 hours a day during the entire duration of their employment with AGCMC, the Court has noted in the past that this burden of proof is sometimes impossible for an employee to discharge. Specifically, for overseas Filipino workers who take a chance at greener pastures abroad, producing proof of overtime work may be unattainable.”
• TSTSI et al. breached their obligation to ensure the payment of the correct salaries and remunerations due Maitim et al., as well as the latter’s repatriation to the Philippines upon the expiration of their respective contracts of employment.
• “Maitim et al. are likewise entitled to moral and exemplary damages, as well as attorney’s fees.”
• “Moral damages are recoverable if the party from whom it is claimed has acted fraudulently or in bad faith or in wanton disregard of his or her contractual obligations. In addition, the award of exemplary damages is proper by way of example for the public good.”
• “Maitim et al. are also entitled to attorney’s fees of 10% of the total monetary grants as they were forced to litigate to protect their rights unjustly violated by their employer.”
• The corporate officers of TSTSI, being the recruitment agency, are jointly and solidarily liable for the judgment awards due Maitim et al. “Finally, the Court emphasizes the joint and solidary liability of the corporate officers of TSTSI, being the recruitment agency, for the judgment awards due Maitim et al., in accordance with the second paragraph of Section 10 of Republic Act No. 8042…”

Disposition:

“Respondents Teknika Skills and Trade Services, Inc. and Arabian Gulf Company for Maintenance and Contracting, along with the corporate officers of Teknika Skills and Trade Services, Inc., are ORDERED to PAY petitioners Stephanie A. Maitim, Margie M. Amban, and Flora Q. Mahinay, jointly and severally:

1. The following amounts in United States Dollars or their peso equivalent at the prevailing rate of exchange at the time of actual payment:
   
   STEPHANIE A. MAITIM

Salary Differentials	[USD] 5,318.68
Vacation Leave Pay	[USD] 944.19
Overtime Pay	[USD] 10,517.84
Food Allowance	[USD] 7,294.56
TOTAL	[USD] 24,075.27

2. FLORA Q. MAHINAY

Salary Differentials	[USD] 5,318.68
Vacation Leave Pay	[USD] 944.19
Overtime Pay	[USD] 10,517.84
Food Allowance	[USD] 7,294.56
TOTAL	[USD] 24,075.27

3. MARGIE M. AMBAN 

Salary Differentials	[USD] 4,754.42
Vacation Leave Pay	[USD] 944.19
Overtime Pay	[USD] 10,517.84
Food Allowance	[USD] 7,294.56
TOTAL	[USD] 23,511.01

4. Moral damages each in the amount of PHP 50,000.00;
5. Exemplary damages each in the amount of PHP 50,000.00; and
6. Attorney’s fees equivalent to 10% of the total monetary award.

“Interest at the rate of 6% per annum is likewise imposed on the total monetary awards due petitioners Stephanie A. Maitim, Margie M. Amban, and Flora Q. Mahinay, reckoned from the date of finality of this judgment until the same are fully paid.”

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NB: This case digest was generated with the assistance of Perplexity AI and then reviewed by a lawyer/J. Del Puerto.