CERTIFICATION
Pursuant to Article VIII, Section 13 of the Constitution, and the Division
Chairman's Attestation, it is hereby certified that the conclusions in the above
Decision were reached in consultation before the case was assigned to the writer of
the opinion of the Court.
HILARIO G. DAVIDE, JR.
Chief Justice
[1]
Penned by Justice Artemio G. Tuquero (retired), and concurred in by Justice Eubulo G. Verzola (deceased) and
Justice Elvi John S. Asuncion, Annex A of the Petition for Review, Rollo at 49-57.
[2]
Annex C, id. at 67-68.
Section 18. Termination of Employment.
[3]
A.
The employment of the seafarer shall cease when the seafarer completes his period of contractual service
aboard the vessel, signs-off from the vessel and arrives at the point of hire.
B. The employment of the seafarer is also terminated when the seafarer arrives at the point of hire for
any of the following reasons:
xxxxxx
1.
When the seafarer signs-off due to shipwreck, ships sale, lay-up of vessel, discontinuance of
voyage or change of vessel principal in accordance with Sections 22, 23 and 24 of this Contract.
x x x x x x.
[4]
Section 23. Termination due to Vessel Sale, Lay-up or Discontinuance of Voyage.
Where the vessel is sold, laid up, or the voyage is discontinued necessitating the termination of employment
before the date indicated in the contract, the seafarer shall be entitled to earned wages, repatriation at
employers cost and one month basic wage as termination pay, unless arrangements have been made for the
seafarer to join another vessel to complete his contract in which case the seafarer shall be entitled to earned
wages until the date of joining the other vessel.
[5]
Philippine Transmarine Carriers vs. NLRC, G.R. No. 123891, February 28, 2001, 353 SCRA 47, 5