management agreement with x x x PC-SASCO on September 28, 1994 by a letter of
termination dated September 20, 1994. In the same letter of termination, the ship
owner stated that it has bareboat chartered out the vessel to said [PCSLC] and
converted it into Philippine registry. Consequently, x x x PC-SASCO terminated its
crew agreement with OSM in a letter dated December 5, 1994. Because of the
bareboat charter of the vessel to PCSLC and its subsequent conversion to Philippine
registry and use in coastwise trade as well as to the termination of the management
agreement and crew agency agreement, a termination of contract ensued whereby
PCSLC, the bareboat charterer, became the disponent owner/employer of the crew.
As a disponent owner/employer, PCSLC is now responsible for the payment of
complainants wages. x x x.
[5]
Labor Arbiter (LA) Manuel R. Caday rendered a Decision [6] in favor of Private
Respondent Guerrero. Petitioner and its principal, Philippine Carrier Shipping Agency
Services, Co. (PC-SASCO), were ordered to jointly and severally pay Guerrero his
unpaid salaries and allowances, accrued fixed overtime pay, vacation leave pay and
termination pay. The Decision held that there was a constructive dismissal of private
respondent, since he had not been paid his salary for seven months. It also dismissed
petitioners contention that there was a novation of the employment contract.
On appeal, the NLRC (Third Division) affirmed the LAs Decision, with a modification
as to the amount of liability. On January 28, 1999, petitioner filed with the CA a
Petition[7] to set aside the NLRC judgment. The petition was dismissed, because
petitioner had allegedly failed to comply with the requirements of Section 3 of Rule 46 of
the Rules of Court. Specifically, petitioner had attached to its Petition, not a duplicate
original or a certified true copy of the LAs Decision, but a mere machine copy thereof.
Further, it had not indicated the actual address of Private Respondent Fermin F.
Guerrero.[8]
Hence, this Petition.[9]
The Issues
In its Memorandum, petitioner raises the following issues for the Courts
consideration:
1. Did not the Court of Appeals err in interpreting and applying the 1997 Rules when
it required as attachment to the Petition for Certiorari the duplicate original of another
Decision which is not-the subject of the said Petition?
2. Did not the Court of Appeals err in interpreting and applying the 1997 Rules when
it disregarded the subsequent compliance made by petitioner?