Practice question
A land-based migrant worker has ten months left on a valid fixed-term contract when dismissed without lawful cause. The employer and agency rely exclusively on the words reinserted by RA10022 to offer three months’ salary. They argue that reenactment cured the constitutional defect found in Serrano. Which is best?
- Sameer expressly rejected revival of the same unconstitutional limitation through reenactment; the unexpired-portion remedy governs
- Reenactment necessarily cures every constitutional defect
- The statutory wording displaces the Supreme Court’s operative invalidation
- The agency may select any cap after dismissal
- An overseas worker loses constitutional protection upon deployment
Legal references
- Sameer Overseas v.Cabiles, GR170139, August5,2014, main opinion: https://lawphil.net/judjuris/juri2014/aug2014/gr_170139_2014.html
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