Arellano vs NLRC : 127896 : Augusst 21, 1997 : J. Padilla : First Division

http://sc.judiciary.gov.ph/jurisprudence/1997/aug1997/127896.htm

FIRST DIVISION

[G.R. No. 127896. August 21, 1997]

ADRIANO A. ARELLANO, JR., petitioner, vs. THE NATIONAL LABOR
RELATIONS COMMISSION, ALL OCEANS MARITIME AGENCY, ORIENT
OVERSEAS CONTAINER LINE, LIMITED and COMMONWEALTH
INSURANCE COMPANY, respondents.
DECISION
PADILLA, J.:

This is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul the
decision of the National Labor Relations Commission dated 27 August 1996 in NLRC Case No.
009801-95 entitled Adriano A. Arellano, Jr., v. All Oceans Maritime Agency, et. al.
The NLRC decision reversed and set aside the decision dated 17 May 1995 of POEA
Administrator Felicisimo Joson holding private respondents guilty of illegal dismissal and
solidarity liable to pay petitioners salary for the unexpired portion of his contract. The NLRC held
that there was substantial evidence which showed that there was just cause in petitioners
repatriation and that private respondents observed due process of law in terminating petitioners
employment.
The facts are not in dispute.
Petitioner was hired by private respondent All Oceans Maritime Agency to work as an
ordinary seaman (O.S.) aboard the vessel M/V OOCL Envoy for twelve (12) months. He boarded
the vessel on 5 August 1993. Over a month later, on 10 September 1993, he was repatriated to
the Philippines for his alleged refusal to perform his duties as an ordinary seaman under the
terms and conditions of his employment contract.
It appears that on 21 August 1993, while the M/V OOCL Envoy was sailing off the coast of
Seattle, Washington, one of the vessels officers ordered petitioner to help the mechanic in
cleaning the scavenge space in the engine room of the vessel. Petitioner refused to obey said
order, arguing that it was not his job to clean the scavenge space. The officer reminded him
about the inter-departamental flexibility system (IDFS) being enforced in the vessel, but
petitioner remained defiant. On the same day, the officer reported petitioners insubordination to
the master of the M/V OOCL Envoy.
The report[1] reads as follows:
Date: 21-8-93
M/V OOCL Envoy
To: Master
cc: Chief Engineer Place: Seattle
INTER-DEPARTAMENTAL FLEXIBILITY SYSTEM (I.D.F.)
Dear Sir,
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