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664 Phil. 614
SECOND DIVISION
[ G.R. No. 179532, May 30, 2011 ]
CLAUDIO S. YAP, PETITIONER, VS. THENAMARIS SHIP'S
MANAGEMENT AND INTERMARE MARITIME AGENCIES, INC.,
RESPONDENTS.
DECISION
NACHURA, J.:
Before this Court is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of
Civil Procedure, seeking the reversal of the Court of Appeals (CA) Decision[2] dated
February 28, 2007, which affirmed with modification the National Labor Relations
Commission (NLRC) resolution[3] dated April 20, 2005.
The undisputed facts, as found by the CA, are as follows:
[Petitioner] Claudio S. Yap was employed as electrician of the vessel, M/T
SEASCOUT on 14 August 2001 by Intermare Maritime Agencies, Inc. in
behalf of its principal, Vulture Shipping Limited. The contract of employment
entered into by Yap and Capt. Francisco B. Adviento, the General Manager of
Intermare, was for a duration of 12 months. On 23 August 2001, Yap
boarded M/T SEASCOUT and commenced his job as electrician. However, on
or about 08 November 2001, the vessel was sold. The Philippine Overseas
Employment Administration (POEA) was informed about the sale on 06
December 2001 in a letter signed by Capt. Adviento. Yap, along with the
other crewmembers, was informed by the Master of their vessel that the
same was sold and will be scrapped. They were also informed about the
Advisory sent by Capt. Constatinou, which states, among others:
" ...PLEASE ASK YR OFFICERS AND RATINGS IF THEY WISH TO BE
TRANSFERRED TO OTHER VESSELS AFTER VESSEL S DELIVERY (GREEK VIA
ATHENS-PHILIPINOS VIA MANILA...
...FOR CREW NOT WISH TRANSFER TO DECLARE THEIR PROSPECTED TIME
FOR REEMBARKATION IN ORDER TO SCHEDULE THEM ACCLY..."
Yap received his seniority bonus, vacation bonus, extra bonus along with the
scrapping bonus. However, with respect to the payment of his wage, he
refused to accept the payment of one-month basic wage. He insisted that
he was entitled to the payment of the unexpired portion of his contract since
he was illegally dismissed from employment. He alleged that he opted for
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