STOLT-NIELSEN MARINE SERVICES (PHILS.), INC. and STOLT...
http://sc.judiciary.gov.ph/jurisprudence/1996/nov1996/105396.htm
[Syllabus]
FIRST DIVISION
[G.R. No. 105396. November 19, 1996]
STOLT-NIELSEN MARINE SERVICES (PHILS.), INC. and STOLT-NIELSEN,
INC., petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION,
PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION and
EDUARDO MONSALE, respondents.
DECISION
VITUG, J.:
In a petition for certiorari, Stolt-Nielsen Marine Services (Phils.), Inc., and Stolt-Nielsen Inc.,
[1]
seek to annul and set aside the resolutions of 27 January 1992 and 25 March 1992
of the
[2]
of the
National Labor Relations Commission (NLRC) affirming the decision of 20 April 1990
Philippine Overseas Employment Administration (POEA), in POEA Case No. (M) 89-03-208,
which has held both petitioners (herein) jointly and severally liable for various monetary awards
in favor of private respondent, Eduardo S. Monsale, their hired seaman.
Petitioner Stolt-Nielsen Marine Services (Phils.), Inc. (SNMSI for brevity), on 26 May 1977,
took to its employ in various capacities private respondent Eduardo Monsale. His fealty to his
employer for ten (10) continuous years earned for him an award, given on 28 June 1988, for
dedicated service to the Stolt-Nielsen fleet. On 21 October 1988, SNMSI and private respondent
executed a Contract of Shipboard Employment and Crew Agreement under which the latter, this
time, was to serve as an engine fitter on board Stolt Crown Vessel for a period of ten months
commencing on 09 December 1988. The contract provided that Monsale would get a monthly
basic pay of five hundred twenty-five U.S. dollars (US$525.00), fixed overtime pay of two
hundred fifty U.S. dollars (US$250.00), and longevity pay of sixty U.S. dollars (US$60.00), with
[3]
leave benefits of six (6) days per month.
On 09 December 1988, private respondent boarded the Stolt Crown vessel. Captain
Erkiaga, a Spanish national, instantly ordered him to perform work connected with the berthing
and unberthing maneuvers on the upper deck of the ship. Private respondent followed the
captains order despite his contract that called for a different assignment. Uneasy, however,
about the change in his job detail, private respondent inquired from Captain Erkiaga if his
transfer had been communicated to the SNMSI. He was told that the new york assignment had
been communicated to Stolt-Nielsen, Inc., which thereupon radioed back its approval.
On 29 January 1989, a Sunday and his scheduled rest day, private respondent was ordered
to clean the deck cargo tank using toline chemical, a toxic substance detrimental to the
respiratory system. He was not provided with a protective mask. The risk to his health
notwithstanding, private respondent again followed Captain Erkiagas order. He worked for
seventeen (17) hours from 5:00 that morning until 10:00 in the evening.
Due to his exposure to the pungent chemical, private respondent suffered from chest pains
and dizziness. On 01 February 1989, he was unable to report for work but he informed First
Engineer Juan J. Ruiz about his physical condition. Ruiz, unfortunately, neither mentioned the
matter to Captain Erkiaga nor summoned the vessels resident physician to attend to him.
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