On April 29, 1997, respondent filed with the Labor Arbiter a complaint
for non-payment of disability benefits against petitioner and Rolando C.
Adorable, its president and/or general manager, also impleaded as petitioner,
docketed as NCR Case No. 97-04-3634.
In due course, the Labor Arbiter rendered a Decision dated December
22, 1997, the dispositive portion of which is quoted as follows:
WHEREFORE, respondents Bergesen D.Y. Phils., Ind. and
Rolando C. Adorable are hereby, jointly and solidarily, ordered to pay
complainant Rizalino R. Estenzo as follows:
1.
Permanent disability compensation
under POEA Standard Employment
Contract US $ 60,000.00
2. Moral damages P 100,000.00
3. Exemplary damages P 20,000.00
4. Medical reimbursement P 2,000.00
plus 10% attorneys fees on the total judgment award.
All payable in Philippine peso at the exchange rate prevailing at the
time of payment.
SO ORDERED.
Upon appeal, the National Labor Relations Commission (NLRC)
promulgated its Decision dated September 30, 1998 reversing the Labor
Arbiters Decision and dismissing the complaint, thus:
After a judicious review of records herein, we find the appeal of
respondents meritorious.
We disagree with the argument of the Labor Arbiter in that after the
sale of vessel Helikon and the repatriation of complainant, complainants
services were deemed uninterrupted by a cause not attributable to his
fault or his own making. This argument is untenable because after the sale
of Helikon, complainant was repatriated on 20 September 1996 and was
paid separation pay of two months salary which he accepted voluntarily as