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SECOND DIVISION
[ G.R. No. 244144, January 27, 2020 ]
HERMA SHIPPING AND TRANSPORT CORPORATION AND
HERMINIO S. ESGUERRA,[*] PETITIONERS, VS. CALVIN JABALLA
CORDERO, RESPONDENT,
[G.R. No. 244210, January 27, 2020]
CALVIN JABALLA CORDERO, PETITIONER, VS. HERMA SHIPPING
AND TRANSPORT CORPORATION AND HERMINIO S. ESGUERRA,
RESPONDENTS.
DECISION
PERLAS-BERNABE, J.:
Assailed in these consolidated cases[1] are the Decision[2] dated April 20, 2018 and the
Resolution[3] dated January 14, 2019 rendered by the Court of Appeals (CA) in CA-G.R.
SP No. 151737 which affirmed with modification the February 28, 2017 Decision[4] and
the April 27, 2017 Resolution[5] of the National Labor Relations Commission (NLRC) in
NLRC LAC No. 02-000457-17 NLRC NCR Case No. 05-05780-16, directing Herma
Shipping and Transport Corporation (HSTC) and Herminio S. Esguerra (Esguerra) to pay
Calvin Jaballa Cordero (Cordero) separation pay equivalent to one (1) month salary for
every year of service.
The Facts
Cordero was employed on March 31, 1992 as Able Seaman by HSTC, a corporation
engaged in the business of hauling, shipping and/or transporting oil and petroleum
products in Philippine waters, on board one of its vessels. During his employment,
Cordero was part of the complement of M/Tkr Angat, where one of his primary duties
entailed being a Helmsman or a duty look-out during vessel navigation.[6]
Sometime in 2015, HSTC discovered significant losses of the oil and petroleum products
transported by M/Tkr Angat during its past twelve (12) voyages. Consequently, HSTC
conducted an investigation and sent a Notice to Explain/Show Cause Memo on January
28, 2016 to five (5) crew members, including Cordero, requiring them to submit a
written explanation for allegedly committing: (a) violation of HSTC's Code of Discipline;
(b) Serious Misconduct; and (c) Willful Breach of Trust and Confidence. Pending the
investigation, the five (5) crew members were placed on preventive suspension.[7]
In his defense, Cordero denied the allegations against him and claimed that he did not
see anything unusual or suspicious during the voyages, and that if there were any such
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