5/19/2021
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THIRD DIVISION
[ G.R. No. 231748, July 08, 2020 ]
RICHARD LAWRENCE DAZ TOLIONGCO, PETITIONER, VS. COURT OF
APPEALS, NATIONAL LABOR RELATIONS COMMISSION, ANGLOEASTERN CREW MANAGEMENT PHILIPPINES, INC., ANGLOEASTERN (ANTWERP) NV, GREGORIO B. SIALSA, ALL CORPORATE
OFFICERS AND DIRECTORS AND M/V MINERAL WATER,
RESPONDENTS,
DECISION
LEONEN, J.:
This case involves a seafarer who was sexually harassed during the course of his
employment on board the M/V Mineral Water. After the incident, petitioner Richard
Lawrence Daz Toliongco (Toliongco) opted for voluntaiy repatriation. He failed to comply
with the three-day reportorial requirement. However, a week after his repatriation, he
filed a complaint before the Overseas Workers Welfare Administration.[1] Several
months later, he filed a complaint "for constructive dismissal, sexual harassment and
maltreatment with prayer for the payment of disability benefits, damages and
attorney's fees"[2] claiming that he is rendered permanently and totally disabled due to
his post-traumatic stress disorder caused by his unfortunate experience onboard the
vessel.
For this Court's resolution is a Petition for Review on Certiorari with Motion to Allow
Petitioner to Litigate as an Indigent or a Pauper Litigant assailing the Decision[3] and
Resolution[4] of the Court of Appeals, Manila in CA-G.R. SP. No. 143146.
On October 30, 2013, respondent Anglo-Eastern Crew Management Philippines (AngloEastern Crew), Inc. employed Toliongco as a Messman on behalf of its foreign principal,
Anglo Eastern (ANTWERP), NV.[5] Toliongco's employment contract provided:
That the seafarer shall be employed on board under the following terms
and conditions:
1.1
1.2
1.3
1.4
1.5
Duration of Contract
Position
Basic Monthly Salary:
Hours of Work:
Overtime:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66544
7 MONTHS
Position: Messman
U$$604.00
44 hrs/wk
US$ 450.00 OT after
103 hrs/mo. US$
1/25