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701 Phil. 546
SECOND DIVISION
[ G.R. No. 175209, January 16, 2013 ]
ROLANDO L. CERVANTES, PETITIONER, VS. PAL MARITIME
CORPORATION AND/OR WESTERN SHIPPING AGENCIES, PTE.,
LTD., RESPONDENTS.
DECISION
PEREZ, J.:
This treats of the petition for rev1ew filed by petitioner Rolando Cervantes assailing the
Decision[1] and Resolution or the Court or Appeals dated 14 August 2006 and 26
October 2006, respectively, in CA-G.R. SP No. 76756.
At the center of this controversy is the question whether petitioner resigned or was
terminated from his employment.
Petitioner Rolando Cervantes was hired as Master on board the vessel M/V Themistocles
by respondent PAL Maritime Corporation, the manning agent of respondent Western
Shipping Agencies, PTE., LTD., (Western Shipping) for a 10-month period effective 1
July 1995, with a basic monthly salary of United States (US)$1,600.00, an allowance of
US$240.00 per month, a fixed overtime pay of US$640.00, and vacation leave with pay
amounting to US$320.00 per month.[2]
On 31 July 1995, a telex message was sent to petitioner enumerating the complaints
received from Colonial Shipping, the owner of the vessel, as follows:
1. Poor communications exist among key personnel
2. Vessel’s certifications and company procedures were disorganized
3. Has no awareness on purpose of key documents such as ship board oil
pollution emergency plan.
4. Has no working knowledge of grain loading calculation procedures
5. Improve operational and maintenance standards x x x.[3]
On the following day, petitioner sent a telex message and imputed ill- motive on the
part of the foreign inspectors who were making false accusations against Filipino crew
members. In the same message, petitioner addressed all the complaints raised against
him.[4]
On 2 August 1995, petitioner sent another telex message informing Western Shipping
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