De La Cruz vs NLRC : 115527 : August 18, 1997 : J. Padilla : First Div...
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http://sc.judiciary.gov.ph/jurisprudence/1997/aug1997/115527.htm
FIRST DIVISION
[G.R. No. 115527. August 18, 1997]
ROSSELINI L. DE LA CRUZ, EDGAR S. NINA, VIRGILIO R. DU, RENATO I.
CURIOSO, NOEL T. GALENO, GERONIMO K. MALUBAY, GERARDO D.
TORRES, ERWIN G. OYCO, MELENDRES E. AGURO, ALOYSIUS C.
CONCEPCION, MANOLO D. ESCANO, VENANCIO B. ACTA,
PATROCENIO M. REYES, YOLANDO B. BAUTISTA, JOB M. SAN
BUENAVENTURA, and BENJIE D. LIM, petitioners, vs. NATIONAL
LABOR
RELATIONS
COMMISSION,
PHILIPPINE
OVERSEAS
EMPLOYMENT ADMINISTRATION, and GRACE MARINE & SHIPPING
CORPORATION, respondents.
DECISION
PADILLA, J.:
This is a petition for certiorari under Rule 65 of the Rules of Court which seeks to annul the
decision of the National Labor Relations Commission dated 29 April 1994 in NLRC-NCR CA No.
00246 entitled Grace Marine & Shipping Corporation v. Rosselini L. de la Cruz, et al. The NLRC
affirmed, with modifications, the decision of the POEA administrator dated 11 December 1991 in
POEA Case No. 90-08-920 upholding the legality of petitioners repatriation and dismissing for
lack of merit petitioners counterclaim of illegal dismissal and non-payment of their salaries for
the unexpired portion of their contract. The POEA held petitioners solidarily liable to pay the sum
of US$19,114.83 (or its peso equivalent) to Grace Marine and Shipping Corporation as
repatriation expenses and 5% attorneys fees. Petitioners were also suspended by the POEA for
overseas employment for a period of one (1) year upon promulgation of its decision and their
names were listed under the POEA watch list.
The facts, as established by the parties respective evidence, are as follows:
In October 1989, petitioners, all seamen by profession, were hired by Sinkai Shipping Co.,
Ltd. (SINKAI) through its local manning agent, private respondent Grace Marine and Shipping
Corporation, to form the Filipino complement aboard its vessel, the M/V White Castle. In the
course of their employment, petitioners discovered that the shipowners, through the officers of
M/V White Castle, were engaged in the practice of double bookkeeping. Petitioners claimed that
whenever the vessel was scheduled to call port in the United State or in other countries ports
where the International Transport Workers Federation (ITF) maintains its presence, its officers
required the Filipino crew members to sign double payrolls.[1]
Petitioners also bewailed that they were not paid overtime pay for work rendered in excess
of ninety (90) hours under their POEA-approved contracts; that the shipmaster did not provide
adequate victualling for the Filipino crew; and that the shipmaster refused to honor the stipulated
holidays in their contract. They brought these complaints to their (Filipino) second officer but the
latter allegedly refused to act for fear of reprisal from the shipowners.
When the M/V White Castle dropped anchor at Long Beach, California on 12 June 1990,
petitioners brought their complaints before the nearest Center of Seamans Rights (CSR). What
happened next was disputed by petitioners and private respondents as both parties pleaded
contrasting versions of the incident.
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