c) P200,000.00, as moral damages;
d) P100,000.00, representing exemplary damages;
e) Attorney’s fees of not less than 10% of the total claims plus litigation
expenses and costs of suit.
[11]
Respondents averred that Kara Seal repeatedly failed to pay their wages
according to the ITF Agreement. They also claimed that they did not voluntarily
resign, but were forced to sign the Letters of Indemnity under threat of possible
disciplinary actions. They added that prior to their termination, they had demanded
from the Shipmaster the payment of their unpaid wages. They also protested,
before they were dismissed, the lack of adequate provisions such as medicine,
winter jacket, and safety gears as well as the lack of a washing machine and air
conditioning units at the vessel’s control room and crew’s cabin.
In defense, Oriental and Kara Seal alleged that respondents voluntarily
resigned, as evidenced by the Letters of Indemnity bearing their signatures. They
added that respondents were duly paid their full wages.
In its three-page Decision, the Labor Arbiter dismissed the complaint thus:
The validity of the resignation and repatriation of the complainants must
be acknowledged. The voluntariness of their resignation is confirmed and
reflected from the Letter of Indemnity they executed. They were executed in the
presence and with the participation of the ITF. ITF acts as the protector of
seamen’s rights against any abuse or shortcomings of ship owners. They will not
allow such eventuality had the complainants been under duress. Besides, there is
really no evidence of threat or intimidation to the complainant’s resignation.
Accordingly, the validity of their resignation and repatriation must be upheld.
On the other hand, complainant Cuesta must be paid the sum of $175.00
as payment for vacation leave of which he has not been paid and this claim was
not at all disputed by the respondents.
WHEREFORE, the complaint for illegal dismissal is dismissed for lack of
merit. However, the respondents are hereby ordered to pay complainant Cuesta
the sum of $175.00 as payment for vacation leave.