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

Select target paragraph3