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, 1 of 4 1/24/2016 11:23 PM

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