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480 Phil. 597
FIRST DIVISION
[ G.R. No. 160952, August 20, 2004 ]
MARCIAL GU-MIRO, PETITIONER, VS. ROLANDO C. ADORABLE AND
BERGESEN D.Y. MANILA, RESPONDENTS.
DECISION
YNARES-SATIAGO, J.:
Before us is a petition for review on certiorari of the decision of the Court of Appeals in
CA-G.R. SP No. 66131 dated May 29, 2003,[1] which modified the decision of the
National Labor Relations Commission (NLRC) by increasing the incentive bonus
awarded to petitioner from US$594.56 to US$1189.12.
Petitioner Marcial Gu-Miro was formerly employed as a Radio Officer of respondent
Bergesen D.Y. Philippines, which acted for and in behalf of its principal Bergesen D.Y.
ASA, on board its different vessels. A Certification dated April 14, 1998 was issued by
Bergesen D.Y. Philippines, Inc.’s President and General Manager Rolando C. Adorable
showing that petitioner served in the company on board its vessels starting 1988.[2]
The case before us involves an employment contract signed by petitioner to commence
service on board the M/V HEROS, which stipulated a monthly salary of US$929.00 for a
period of eight (8) months. It also provided for overtime pay of US$495.00 per month
and vacation leave with pay in the amount of US$201.00 per month equivalent to six
and a half days.[3] The contract of employment was signed on March 18, 1996 and
petitioner commenced work on April 15, 1996.
Record shows that respondent company traditionally gives an incentive bonus termed
as Re-employment Bonus to employees who decide to rejoin the company after the
expiration of their employment contracts. After the expiration of petitioner’s contract in
December 1996, the same was renewed by respondent company until September 9,
1997, as stated in the Certification issued by Bergesen D.Y. Philippines, Inc. In
September 1997, petitioner’s services were terminated due to the installation of labor
saving devices which made his services redundant. Upon his forced separation from the
company, petitioner requested that he be given the incentive bonus plus the additional
allowances he was entitled to. Respondent company, however, refused to accede to his
request.
Thus, in June 1999 petitioner filed a complaint with the NLRC, Regional Arbitration
Branch of Cebu, for payment of the incentive bonus from April 15, 1996 to September
15, 1997, 10% of the basic wage, unclaimed payment for incentive bonus from
September 1993 to June 1994, non-remittance of provident fund from July 1992 to
June 1994, moral and exemplary damages as well as attorney’s fees. On December 29,
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