Singa-Ship Mgmt Phil Inc vs NLRC : 120276 : July 24, 1997 : J. Puno ...
http://sc.judiciary.gov.ph/jurisprudence/1997/jul1997/120276.htm
[4]
"Spark" is seaman's lingo for radio officer (Petition, p. 8, Rollo, p. 15).
[5]
POEA Decision, p. 3, Rollo, p. 90.
[6]
Answer with Compulsory Counterclaim, Annex "D", Rollo, pp. 70-71.
[7]
POEA Decision, pp. 8-9, Rollo, pp. 95-96.
[8]
NLRC Decision, p. 12, Rollo, p. 39.
[9]
Petition, pp. 11-12, Rollo, pp. 18-19.
[10]
Black's Law Dictionary, Revised Fifth Edition, p. 402 citing The Cripple Creek, D.C. Pa, 52 F.Supp. 710, 712
[1943] and The Youngstown, C. C.A. La., 110 F. 2d 968, 970 [1940].
[11]
Flynn v. Waterman, S.S. Corporation, D.C.N.Y., 44 F.Supp 50, 51 [1942]; The M.S. Elliot, 277 F. 800 [1909]; The
Mary C. Conery, 9 F. 222, 223 [1881]; see also Words and Phrases, "Desertion-- In Maritime Law."
[12]
The Cripple Creek, supra, at 712.
[13]
Table of Offenses and Corresponding Administrative Penalties, Appendix "2" to the POEA Standard
Employment Contract Governing the Employment of All Filipino Seamen on Board Ocean-Going Vessels;
Rollo, p. 50.
[14]
Annexes "C-5h," "C-5k," to the Petition, Rollo, pp. 63, 66.
[15]
NLRC Decision, p. 10, Rollo, p. 37; POEA Decision, p. 6, Rollo, p. 93.
[16]
Comment of the Public Respondent, p. 11, Rollo, p. 152.
[17]
De la Cruz v. National Labor Relations Commission, 177 SCRA 626, 627 [1989]; Asian Design & Mfg.
Corporation v. Min. of Labor, 142 SCRA 79, 80-81 [1986].
[18]
Annexes "C-5f," "C-5g," C-5h," C-5i," "C-5j," "C-5k," "C-5l" to the Petition, Rollo, pp. 60-66.
[19]
Haverton Shipping, Ltd. v. National Labor Relations Commission, 135 SCRA 685, 689, 691 [1985].
[20]
Id, at 692.
[21]
Section H (5) reads:
"A seaman who requests for early termination of his contract shall be liable for his repatriation cost as well as the
transportation cost of his replacement."
[22]
5 of 5
Rollo, p.47.
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