FIRST DIVISION
[G.R. No. 122240. November 18, 1999]
CRISTONICO B. LEGAHI, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION
and UNITED PHILIPPINE LINES, INC., NORTHSOUTH SHIP MGT., (PTE), LTD.,
SINGAPORE, GREGORIO V. DE LIMA, JR., TOR KARLSEN and PIONEER INSURANCE
& SURETY CORP., respondents.
DECISION
KAPUNAN, J.:
At issue is the validity of petitioners dismissal from his employment.
In a complaint filed with the Philippine Overseas Employment Administration (POEA),
Cristonico B. Legahi alleged that he was hired as Chief Cook aboard M/V Federal Nord by the
Northsouth Ship Management (PTE), Ltd., Singapore and represented by its local agent United
Philippine Lines, Inc. (UPLI).
The contract of employment stipulated that his term of employment was for ten months
beginning October 9, 1992 with a basic monthly salary of US$450.00 with 44 hours weekly as
minimum number of hours worked with a fixed overtime pay (OT) of $185.00 and three (3) days
leave with pay every month.
Sometime in November, 1992 petitioner was asked by the Shipmaster to prepare a victualling
cost statement for the month of October, 1992. After learning that such preparation involves
mathematical skills, as it would require estimation of food cost, value of stocks, etc. he intimated
that he did not know how to do such work as it was not part of the duties of a chief cook. He was
told that it was not a difficult job and that he only needed to copy the previous forms. After much
reluctance, petitioner nonetheless prepared the statement in deference to the Shipmaster.
In December, petitioner was requested again to prepare the victualling cost statement for the
month of November. He obeyed since he was afraid he would earn the ire of his superiors if he
refused.
Sometime in January, 1993, the Shipmaster asked petitioner to do the victualling cost statement
for December which he complied. On January 6, 1993, the Shipmaster requested the petitioner to
prepare a corrected victualling statement for the same month of December. Petitioner asked the
Shipmaster if he could defer the correction as he was busy doing his chores. The response
certainly did not sit well with the Shipmaster so he was called for a meeting which petitioner did
not attend.
On January 14, 1993, a committee was formed headed by the Shipmaster himself with the Chief
Officer, Chief Engineer and Bosun as members.