4/14/2021
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THIRD DIVISION
[ G.R. No. 216440, February 19, 2020 ]
JIMMY S. GALLEGO, PETITIONER, VS. WALLEM MARITIME
SERVICES, INC., REGINALDO A. OBEN AND/OR SCANDIC SHIP
MANAGEMENT, LTD., RESPONDENTS.
DECISION
CARANDANG, J.:
Before Us is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court
filed by petitioner Jimmy S. Gallego (Gallego) against Wallem Maritime Services, Inc.
(WALLEM) and its foreign principal Scandic Ship Management, Ltd. (SCANDIC;
collectively respondents). The petition assails the Amended Decision[2] dated February
28, 2011 of the Court of Appeals (CA) in CA-G.R. SP No. 01314, dismissing the Petition
for Certiorari[3] filed by Gallego based on procedural lapses.
Facts of the Case
Gallego claims that he was repeatedly hired by WALLEM on a contractual basis as
Marine Engineer since 1981. In 1999, he was rehired by WALLEM as Marine Engineer
with a contract term beginning December 1999 until December 10, 2000 on board M/V
Eastern Falcon.[4]
On August 4, 2000, Gallego's contract term was cut short and he was repatriated to
Manila. Gallego claims that he was an intra-company transferee worker for the foreign
employer, SCANDIC. For this reason, he proceeded to the office of WALLEM shortly
after his repatriation to process his re-engagement for M/V Eastern Falcon or for
another vessel. WALLEM advised that Gallego needed to wait for the results of the
training of the newly recruited crew members of M/V Eastern Falcon.[5]
Several months have passed but Gallego did not receive any word from WALLEM on his
re-deployment. Gallego returned to the office of WALLEM numerous times in 2001,
2002 until 2003, only to be told to wait for the results of the new recruits for M/V
Eastern Falcon. Due to the empty promises of WALLEM that he would be re-deployed,
on July 1, 2004, Gallego filed his complaint for illegal dismissal and nonpayment of
salary and benefits against his employers.[6]
WALLEM, on the other hand, argues that the termination of Gallego's employment is
valid because the vessel, M/V Eastern Falcon, had been sold to another shipping
company. In addition, the labor complaint was barred by prescription considering that
Gallego's suit had been filed four years after Gallego's repatriation in August 2000.
Under the Philippine Overseas Employment Administration-Standard Employment
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