4/1/2020 E-Library - Information At Your Fingertips: Printer Friendly In its decision[7] dated January 14, 2005, the NLRC affirmed the LA's findings that petitioner was indeed constructively and illegally dismissed; that respondents' bad faith was evident on their wilful failure to transfer petitioner to another vessel; and that the award of attorney's fees was warranted. However, the NLRC held that instead of an award of salaries corresponding to nine months, petitioner was only entitled to salaries for three months as provided under Section 10[8] of Republic Act (R.A.) No. 8042,[9] as enunciated in our ruling in Marsaman Manning Agency, Inc. v. National Labor Relations Commission.[10] Hence, the NLRC ruled in this wise: WHEREFORE, premises considered, the decision of the Labor Arbiter finding the termination of complainant illegal is hereby AFFIRMED with a MODIFICATION. Complainant['s] salary for the unexpired portion of his contract should only be limited to three (3) months basic salary. Respondents Intermare Maritime Agency, Inc.[,] Vulture Shipping Limited and Thenamaris Ship Management are hereby ordered to jointly and severally pay complainant, the following: 1. Three (3) months basic salary - US$4,290.00 or its peso equivalent at the time of actual payment. 2. Moral damages - P100,000.00 3. Exemplary damages - P50,000.00 4. Attorney's fees equivalent to 10% of the total monetary award. SO ORDERED.[11] Respondents filed a Motion for Partial Reconsideration,[12] praying for the reversal and setting aside of the NLRC decision, and that a new one be rendered dismissing the complaint. Petitioner, on the other hand, filed his own Motion for Partial Reconsideration,[13] praying that he be paid the nine (9)-month basic salary, as awarded by the LA. On April 20, 2005, a resolution[14] was rendered by the NLRC, affirming the findings of Illegal Dismissal and respondents' failure to transfer petitioner to another vessel. However, finding merit in petitioner's arguments, the NLRC reversed its earlier Decision, holding that "there can be no choice to grant only three (3) months salary for every year of the unexpired term because there is no full year of unexpired term which this can be applied." Hence - WHEREFORE, premises considered, complainant's Motion for Partial Reconsideration is hereby granted. The award of three (3) months basic elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36914 3/11