4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 679 Phil. 297 SECOND DIVISION [ G.R. No. 177498, January 18, 2012 ] STOLT-NIELSEN TRANSPORTATION GROUP, INC. AND CHUNG GAI SHIP MANAGEMENT, PETITIONERS, VS. SULPECIO MEDEQUILLO, JR., RESPONDENT. DECISION PEREZ, J.: Before the Court is a Petition for Review on Certiorari[1] of the Decision[2] of the First Division of the Court of Appeals in CA-G.R. SP No. 91632 dated 31 January 2007, denying the petition for certiorari filed by Stolt-Nielsen Transportation Group, Inc. and Chung Gai Ship Management (petitioners) and affirming the Resolution of the National Labor Relations Commission (NLRC). The dispositive portion of the assailed decision reads: WHEREFORE, the petition is hereby DENIED. Accordingly, the assailed Decision promulgated on February 28, 2003 and the Resolution dated July 27, 2005 are AFFIRMED.[3] The facts as gathered by this Court follow: On 6 March 1995, Sulpecio Madequillo (respondent) filed a complaint before the Adjudication Office of the Philippine Overseas Employment Administration (POEA) against the petitioners for illegal dismissal under a first contract and for failure to deploy under a second contract. In his complaint-affidavit,[4] respondent alleged that: 1. On 6 November 1991(First Contract), he was hired by Stolt-Nielsen Marine Services, Inc on behalf of its principal Chung-Gai Ship Management of Panama as Third Assistant Engineer on board the vessel “Stolt Aspiration” for a period of nine (9) months; 2. He would be paid with a monthly basic salary of $808.00 and a fixed overtime pay of $404.00 or a total of $1,212.00 per month during the employment period commencing on 6 November 1991; 3. On 8 November 1991, he joined the vessel MV “Stolt Aspiration”; 4. On February 1992 or for nearly three (3) months of rendering service and while the vessel was at Batangas, he was ordered by the ship’s master to disembark the vessel and repatriated back to Manila for no reason or explanation; elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/32800 1/11

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