SECOND DIVISION
[G.R. No. 126764. December 23, 1999]
PHILIMARE SHIPPING & EQUIPMENT SUPPLY INC., petitioner, vs. NATIONAL LABOR
RELATIONS COMMISSION and RAMON ZULUETA, respondents.
DECISION
BELLOSILLO, J.:
PHILIMARE SHIPPING & EQUIPMENT SUPPLY, INC., in this petition for certiorari,i[1]
seeks to annul and set aside the Decision of the National Labor Relations Commissionii[2] which
affirmed the Labor Arbiter's finding that private respondent Ramon Zulueta was illegally
dismissed from his employment.
Respondent Ramon Zulueta was employed as Chief Cook of M/V Mico, a Bahamas registered
ship, through its local manning agent, petitioner Philimare Shipping & Equipment Supply
(PHILIMARE), with a basic monthly salary of US $510.00 for a duration of twelve (12) months.
On 30 June 1995 at around 11:30 p.m. while on board M/V Mico cruising in international waters
the ship captain, Willie Kampana, boxed respondent Ramon Zulueta for placing eggs in the
pantry instead of the refrigerator. As a result, respondent Zulueta suffered serious physical
injuries on the face and other parts of his body thus disabling him from performing his duties as
cook for one (1) week. Chief Mate Leocadio Gencaya and Radio Operator Marino Pagay
witnessed the incident.
On 5 July 1995, upon arrival of M/V Mico at the port of Guanta, Venezuela, respondent Zulueta
was forced to be repatriated to the Philippines. He was threatened by Captain Kampana that if he
refused to be repatriated he would be thrown overboard in international waters. Before
respondent could leave Venezuela, Capt. Kampana deducted US$1,090.60 from Zulueta's salary
purportedly for his plane fare back to the Philippines. Capt. Kampana wrote on Zulueta's
seamans book that he was discharged from the ship upon "his request."iii[3]
When he arrived in Manila on 8 July 1995 respondent Zulueta submitted himself to medical
examination at the Ospital ng Maynila where he was treated for "multiple contussion hematoma
on right and left shoulders and area of manubrium."iv[4] Further, on 10 July 1995 he went to
petitioners office and reported the events leading to his illegal dismissal. However, due to the
inaction of petitioner over his case, respondent Zulueta filed with the Labor Arbiter a complaint
for illegal dismissal and payment of money claims.
In short, the parties filed their respective position papers after which they agreed to submit their
case for resolution.
On 12 April 1996, Labor Arbiter Manuel R. Caday rendered a decision: (a) declaring that
respondent Zulueta was illegally dismissed from his employment by petitioner; and, (b) ordering