THIRD DIVISION
[G.R. No. 146094. November 12, 2003]
PHILIPPINE TRANSMARINE CARRIERS, INC., petitioner, vs. FELIPE D.
CORTINA, respondent.
DECISION
SANDOVAL-GUTIERREZ, J.:
For resolution is a petition for review on certiorari under Rule 45 of the 1997 Rules
of Civil Procedure, as amended, assailing the Decision[1]dated May 14, 2000 and the
Resolution[2] dated November 14, 2000 rendered by the Court of Appeals in CA-G.R. SP
No. 54314, entitled Philippine Transmarine Carriers, Inc. and Blue Flag Navigation vs.
National Labor Relations Commission and Felipe D. Cortina.
The factual antecedents as gleaned from the records are:
Felipe D. Cortina, respondent, was employed by Philippine Transmarine Carriers,
Inc., petitioner, as a Third Officer assigned at the Blue Tank Lancer, a vessel owned by
Blue Flag Navigation. Pursuant to their contract, respondents monthly salary is US
$800.00 and his employment is for a period of one (1) year from September 9, 1993.
However, on January 20, 1994 or only after four (4) months, petitioner forced
respondent to disembark in Singapore because of the alleged sale of the Blue Tank
Lancer vessel. As a consequence, he was discharged purportedly to be transferred to
another vessel. But such transfer did not materialize.
On April 7, 1997, respondent filed with the Labor Arbiter a complaint against
petitioner and Blue Flag Navigation for illegal dismissal, non-payment of salaries and
separation pay, damages and attorneys fees, docketed as NLRC Case No. OCW-RABIV-798-L.
On September 24, 1997, the Labor Arbiter rendered a Decision[3] declaring as illegal
respondents termination from employment. The dispositive portion reads:
WHEREFORE, premises considered, judgment is hereby ordered, as follows:
1. Denying the Motion to Dismiss, for lack of merit.
2. Ordering respondents to jointly and severally pay complainant the total sum of US
$ 2,640.00 as payment of the salaries, fixed overtime pay and fixed leave pay;