4/1/2020 E-Library - Information At Your Fingertips: Printer Friendly 670 Phil. 136 SECOND DIVISION [ G.R. No. 163252, July 27, 2011 ] ABOSTA SHIPMANAGEMENT CORPORATION, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION (FIRST DIVISION) AND ARNULFO R. FLORES, RESPONDENTS. DECISION BRION, J.: The petition for review on certiorari [1] before us seeks the reversal of the resolutions of the Court of Appeals (CA), dated October 20, 2003 [2] and April 6, 2004, [3] rendered in CA-G.R. SP No. 66806. The Facts Respondent Arnulfo R. Flores entered into a 12-month contract of employment, as radio officer, with the petitioner Abosta Shipmanagement Corporation (agency) for and in behalf of Panstar Shipping Co. Ltd. (Panstar) of Busan, South Korea. Under the contract, Flores was to receive a salary of US$728.00/month for a 48-hour work week, a guaranteed overtime pay of US$439.00 a month, a monthly vacation pay of US$146.00, and a supplemental allowance of US$33.00 a month. Flores joined the vessel M/V Morning Charm sometime in June 1997. The Master of the vessel, Captain B.H. Mun, and Chief Engineer Gowang Gun Lee are from South Korea. Aside from Flores, there were other Filipino workers on the vessel. On November 29, 1997, Flores was repatriated due to alleged infractions committed while on board the vessel. In reaction, he filed a complaint for illegal dismissal on January 13, 1998 against the agency and Panstar. The Compulsory Arbitration Proceedings Before the labor arbiter, Flores alleged that in the course of his employment, he was asked by the Master to coordinate with several crew members who were requesting that they be allowed to resign or pre-terminate their employment contracts due to the alleged mismanagement of the vessel. He acted as coordinator as bidden, but was surprised to learn later that he was one of those whose resignations were accepted. He sought clarification from the Master, only to be told that he was among the crew members who were considered to have resigned; hence, his discharge on November 29, 1997. Upon his return to Manila, he immediately informed the agency that he had been erroneously included among those who were considered resigned. He was surprised to elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52684 1/10

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