2. When the seaman is discharged for disciplinary reasons, the employer
shall have the right to recover the costs of maintenance and repatriation from the
seaman’s balance of wages and other earnings.
x x x x
It is clear under the above-quoted provision that the employer shall have the right
to recover the cost of repatriation from the seaman’s wages and other earnings only
if the concerned seaman is validly discharged for disciplinary measures. In the
present case, since petitioners failed to prove that private respondent was validly
terminated from employment on the ground of desertion, it only follows that they
do not have the right to deduct the costs of private respondent’s repatriation from
his wages and other earnings.
Lastly, the Court is not persuaded by petitioners’ contention that the private
respondent is not entitled to his money claims representing his living allowance,
overtime pay, vacation pay and special allowance as well as attorney’s fees
because he failed to present any proof to show that he is entitled to these awards.
However, the Court finds that the monetary award representing private
respondent’s three months salary as well as the award representing his living
allowance, overtime pay, vacation pay and special allowance should be modified.
The Court finds no basis in the NLRC’s act of including private
respondent’s living allowance as part of the three months salary to which he is
entitled under Section 10 of Republic Act (RA) No. 8042, otherwise known as the
“Migrant Workers and Overseas Filipinos Act of 1995.” The pertinent provisions
of the said Act provides:
Sec. 10. Money Claims –
x x x x
In case of termination of overseas employment without just, valid or
authorized cause as defined by law or contract, the worker shall be entitled to the
full reimbursement of his placement fee with interest at twelve percent (12%) per
annum, plus his salaries for the unexpired portion of his employment contract or
for three (3) months for every year of the unexpired term, whichever is less.