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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;
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