THIRD DIVISION
PRUDENTIAL SHIPPING G.R. No. 166580
and MANAGEMENT
CORPORATION and
ZENITH SHIPPING INVEST- Present:
MENT, LTD.,
Petitioners,
YNARES-SANTIAGO, J.,
Chairperson,
- versus - AUSTRIA-MARTINEZ, CALLEJO, SR., and
CHICO-NAZARIO, JJ.
EMERLINDA A. STA. RITA,
for herself and in behalf of
RENE A. STA. RITA, Promulgated:
Respondent.
February 8, 2007
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DECISION
CALLEJO, SR., J.:
Before the Court is a Petition for Review on Certiorari under Rule 45 of the Rules
of Court of the Decision[1] of the Court of Appeals (CA) in CA-G.R. SP No. 80610,
which reversed the decision and resolution of the National Labor Relations
Commission (NLRC), and reinstated the Labor Arbiters decision, as well as the
CA Resolution[2] denying the motion for reconsideration thereof.
On May 5, 1999, petitioner Zenith Shipping Investment, Ltd. (ZSIL), through
petitioner Prudential Shipping and Management Corporation (PSMC), hired
Virgilio C. Sta. Rita as oiler on board the M/V Gulfwind. The contract was for 12
months at a basic monthly salary of US$335.00 on a 48-hour work week, with an