III. Whether or not petitioner Skippers can be exempted from liability by
the execution of Affidavits of Assumption of Responsibility executed by
Sea Power Shipping Enterprises, Inc. and Evic Human Resources
Management, Inc.
IV. Whether or not private respondents Maguad and Ciudadano are entitled
to indemnity equivalent to the unexpired portion of their employment
contract.[21]
Respondents in their Memorandum[22] aver that petitioners raised questions
of facts when they contended that the documents submitted to the Labor Arbiter
already constitute the notices required under respondents’ employment contracts,
and that these notices served as compliance with due process in effecting a valid
dismissal; hence, Rule 45 of the Rules of Court is not the proper mode of appeal
before this Court.
They also maintain that their alleged incompetence was not properly proven
and their dismissal was tainted with illegality because they were not afforded due
process. On this basis, respondents are claiming entitlement to the amount of their
salary for the unexpired portion of their employment contract.
Lastly, respondents aver that petitioner Skippers United Pacific, Inc. cannot
be exempted from liability despite the execution of the Affidavits of Assumption
of Responsibility by Sea Power Shipping Enterprises and Evic Human Resources
Management, Inc. because the above-mentioned affidavits are only valid and
binding between the principal and the manning agent. It should not affect
petitioner Skippers United Pacific, Inc.’s liability towards the seamen, specifically
respondents, because the liabilities of the said petitioner as manning agency is joint
and solidary with its principal and respondents’ actual employer, co-petitioner
J.P.Samartzsis Maritime Enterprises Co., S.A.
Given the foregoing arguments raised by both parties, this Court identifies
the following issues for resolution in the Petition at bar, viz:
I.
Can this Court take cognizance of the Petition for Review under Rule
45 of the Rules of Court considering that the petitioners raised issues of
facts?