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

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