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immediate transfer but none was made.
[Respondents], for their part, contended that Yap was not illegally
dismissed. They alleged that following the sale of the M/T SEASCOUT, Yap
signed off from the vessel on 10 November 2001 and was paid his wages
corresponding to the months he worked or until 10 November 2001 plus his
seniority bonus, vacation bonus and extra bonus. They further alleged that
Yap's employment contract was validly terminated due to the sale of the
vessel and no arrangement was made for Yap's transfer to Thenamaris'
other vessels.[4]
Thus, Claudio S. Yap (petitioner) filed a complaint for Illegal Dismissal with Damages
and Attorney's Fees before the Labor Arbiter (LA). Petitioner claimed that he was
entitled to the salaries corresponding to the unexpired portion of his contract.
Subsequently, he filed an amended complaint, impleading Captain Francisco Adviento of
respondents Intermare Maritime Agencies, Inc. (Intermare) and Thenamaris Ship's
Management (respondents), together with C.J. Martionos, Interseas Trading and
Financing Corporation, and Vulture Shipping Limited/Stejo Shipping Limited.
On July 26, 2004, the LA rendered a decision[5] in favor of petitioner, finding the latter
to have been constructively and illegally dismissed by respondents. Moreover, the LA
found that respondents acted in bad faith when they assured petitioner of reembarkation and required him to produce an electrician certificate during the period of
his contract, but actually he was not able to board one despite of respondents'
numerous vessels. Petitioner made several follow-ups for his re-embarkation but
respondents failed to heed his plea; thus, petitioner was forced to litigate in order to
vindicate his rights. Lastly, the LA opined that since the unexpired portion of
petitioner's contract was less than one year, petitioner was entitled to his salaries for
the unexpired portion of his contract for a period of nine months. The LA disposed, as
follows:
WHEREFORE, in view of the foregoing, a decision is hereby rendered
declaring complainant to have been constructively dismissed. Accordingly,
respondents Intermare Maritime Agency Incorporated, Thenamaris Ship's
Mgt., and Vulture Shipping Limited are ordered to pay jointly and severally
complainant Claudio S. Yap the sum of $12,870.00 or its peso equivalent at
the time of payment. In addition, moral damages of ONE HUNDRED
THOUSAND PESOS (P100,000.00) and exemplary damages of FIFTY
THOUSAND PESOS (P50,000.00) are awarded plus ten percent (10%) of
the total award as attorney's fees.
Other money claims are DISMISSED for lack of merit.
SO ORDERED.[6]
Aggrieved, respondents sought recourse from the NLRC.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36914
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