4/29/2020
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of the unbearable situation on board. He ended his message with these words:
ANYHOW TO AVOID REPETITION [ON] MORE HARSH REPORTS TO COME.
BETTER ARRANGE MY RELIEVER [AND] C/O BUSTILLO RELIEVER ALSO.
UPON ARR NEXT USA LOADING PORT FOR THEIR SATISFACTION.[5]
In response to said message, on 20 September 1995, Western Shipping sent a letter
informing petitioner that:
OWNERS HAVE DECIDED TO RELIEVE YOU UPON PASSING PANAMA CANAL
OR NEXT CONVENIENT PORT. WE TRUST THIS PRE-MATURED ENDING OF
CONTRACT IS MUTUALLY AGREED AND FOR THE BENEFITS OF ALL PARTIES
CONCERNED.[6]
Petitioner replied in this wise:
HV NO CHOICE BUT TO ACCEPT YR DECISION. TKS ANYHOW FOR
RELIEVING ME IN NEXT CONVENIENT PORT WILL EASE THE BURDEN THAT I
HV FELT ONBOARD. REST ASSURE VSL WILL BE TURNED OVER PROPERLY
TO INCOMING MASTER.[7]
On 13 October 1995, petitioner was repatriated to Manila.
On 25 October 1996, petitioner filed a Complaint for illegal dismissal. He prayed for
actual damages in the amount of US$18,480.00 corresponding to his salaries for the
unexpired period of his contract; moral damages for an amount not less than
P200,000.00; exemplary damages for an amount not less than P100,000.00; and
attorney’s fees in an amount not less than 10% of the monetary award.[8]
In their Answer, respondents alleged that petitioner voluntarily and freely preterminated his own contract.
On 2 July 1999, Labor Arbiter Donato G. Quinto, Jr. found that petitioner was illegally
dismissed. The dispositive portion of the Decision reads:
WHEREFORE, foregoing premises considered, judgment is hereby rendered
declaring complainant Rolando L. Cervantes to have been illegally dismissed
and ordering respondents PAL Maritime Corporation and Western Shipping
Agencies PTE, LTD to pay, jointly and severally, the amount of US$7,440.00,
or its peso equivalent at the time of payment, representing his salary for the
unexpired portion of his contract, plus 10% thereof as attorney’s fees, all as
discussed and computed above.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55455
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