The facts of the case, as found by the CA, are as follows:
In April 1996, Rusel was employed as GP/AB seaman by manning
agency, PCL Shipping Philippines, Inc. (PCL Shipping) for and in behalf of its
foreign principal, U-Ming Marine Transport Corporation (U-Ming
Marine). Rusel thereby joined the vessel MV Cemtex General (MV Cemtex) for
the contract period of twelve (12) months with a basic monthly salary of
US$400.00, living allowance of US$140.00, fixed overtime rate of US$120.00
per month, vacation leave with pay of US$40.00 per month and special allowance
of US$175.00.
On July 16, 1996, while Rusel was cleaning the vessel’s kitchen, he
slipped, and as a consequence thereof, he suffered a broken and/or sprained ankle
on his left foot. A request for medical examination was flatly denied by the
captain of the vessel. On August 13, 1996, feeling an unbearable pain in his ankle,
Rusel jumped off the vessel using a life jacket and swam to shore. He was
brought to a hospital where he was confined for eight (8) days.
On August 22, 1996, a vessel’s agent fetched Rusel from the hospital and
was required to board a plane bound for the Philippines.
On September 26, 1996, Rusel filed a complaint for illegal dismissal, nonpayment of wages, overtime pay, claim for medical benefits, sick leave pay and
damages against PCL Shipping and U-Ming Marine before the arbitration branch
of the NLRC. In their answer, the latter alleged that Rusel deserted his
employment by jumping off the vessel.
On July 21, 1998, the labor arbiter rendered his decision, the dispositive
portion of which reads as follows:
Wherefore, above premises duly considered we find the
respondent liable for unjust repatriation of the complainant.
Accordingly, the following award is hereby adjudged against the
respondent:
1. The amount of $2,625.00 or its peso equivalent at the time of
payment representing three (3) months salary of the complainant due to
his illegal dismissal.
2. The amount of $1,600.00 or its peso equivalent, representing
sick wage benefits.
3. The amount of $550.00 or its peso equivalent, representing
living allowance, overtime pay and special allowance for two (2) months.