SECOND DIVISION
[G.R. No. 159146. January 28, 2005]
OSM
SHIPPING
PHIL.,
CRUZ, respondent.
INC., petitioner, vs. ANTONIA
DELA
DECISION
PUNO, J.:
Petitioner OSM Shipping Phil., Inc. (OSM) appeals by certiorari under Rule 45 of the
Rules of Court the Decision[1] of the Court of Appeals in CA-G.R. SP. No. 76136 dated
May 27, 2003 and the Resolution[2] dated July 18, 2003 of the Special Third Division
denying its Motion for Reconsideration.
Respondent Antonia dela Cruz represents her deceased husband Arbit dela Cruz
(Arbit), a seaman contracted by petitioner for and in behalf of its foreign principal.
On December 12, 1997, Arbit filed an Application for Shipboard Employment with
OSM, a domestic corporation licensed by the Philippine Overseas Employment
Administration (POEA) to operate as a manning agency. As a standard operating
procedure, OSM directed Arbit to undergo a medical check-up at the St. Thomas
Diagnostic, Medical and Dental Clinic, Inc., its accredited hospital. He was reported fit to
work.
OSM hired Arbit as Tug Master for and in behalf of Linden Shipping International for
twelve months commencing on January 5, 1998 and ending on January 5, 1999. He
was contracted with a basic monthly salary of US$723.00, plus fixed overtime pay of
US$216.90 (not exceeding 105 hours per month) and vacation pay of 2 days or
US$60.25 per month.[3]
Arbit departed from Manila on February 24, 1998. He was directed to man the selfpropelled speed barge Mannta Ann and later on the tug boat MT Grouper Ann. [4]
After almost nine (9) months, or on November 14, 1998, while the vessel was in
India, Arbit wrote a letter[5] to Mr. Dick Van Der Linden, Jr., managing director of Linden
Shipping International. He informed the latter that he was resigning for personal reason.
He also requested for a reliever as soon as possible. Mr. Linden sent no reply.
Arbit wrote a second letter[6] on November 26, 1998 and reiterated his request to be
relieved and be allowed to go home for medical purpose. In the letter, he confided to Mr.
Linden that he was suffering from hypertension. Again, there was no reply. He wrote a
third letter[7] on November 30, 1998. He stated that should Mr. Linden send no reliever,
he is left with no recourse but tie up the tug and disembark. He also lamented that the