THIRD DIVISION
[G.R. No. 138193. March 5, 2003]
OSM SHIPPING PHILIPPINES, INC., petitioner, vs. NATIONAL LABOR
RELATIONS COMMISSION (Third Division) and FERMIN F.
GUERRERO, respondents.
DECISION
PANGANIBAN, J.:
The Rules of Court do not require that all supporting papers and documents
accompanying a petition for certiorari should be duplicate originals or certified true
copies. Furthermore, unilateral decisions to alter the use of a vessel from overseas
service to coastwise shipping will not affect the validity of an existing employment
contract validly executed. Workers should not be prejudiced by actions done solely by
employers without the formers consent or participation.
The Case
Before us is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of
Court, seeking to set aside the February 11, 1999 and the March 26, 1999 Resolutions
of the Court of Appeals (CA) in CA-GR SP No. 50667. The assailed Resolutions
dismissed a Petition filed in the CA, challenging an adverse ruling of the National Labor
Relations Commission (NLRC). The first Resolution disposed as follows:
We resolve to OUTRIGHTLY DISMISS the petition.
[2]
The second Resolution[3] denied petitioners Motion for Reconsideration.
On the other hand, the NLRC Decision disposed in this wise:
WHEREFORE, premises considered, the Decision appealed from is hereby
MODIFIED in that respondents OSM Shipping Phils. Inc. and its principal, Philippine
Carrier Shipping Agency Services Co. are jointly and severally ordered to pay
complainant the sum of ELEVEN THOUSAND THREE HUNDRED FIFTY NINE
and 65/100 [US dollars] (US$11,359.65) or its peso equivalent at the time of payment
representing complainants unpaid salaries, accrued fixed overtime pay, allowance,
vacation leave pay and termination pay.
[4]