Despite an unopposed motion for hearingv[5] filed by private respondent, the POEA
considered the case submitted for resolution by mutual agreement of the parties after
submission of their respective position papers and supporting documents. In his
decision dated March 9, 1990, POEA Administrator Tomas D. Achacoso ruled that
private respondent was illegally dismissed. The dispositive portion of the decision reads
as follows:vi[6]
WHEREFORE, in view of the foregoing, respondents are hereby ordered to pay, jointly
and severally, herein complainant the amount of SEVENTEEN THOUSAND EIGHT
HUNDRED SEVENTY FIVE US DOLLARS (US$17,875.00) or its peso equivalent at the
time of actual payment, representing his salaries for the unexpired portion of his
employment contract at US$1,787.50 per month.
All other claims are hereby DISMISSED.
On appeal, the National Labor Relations Commissionvii[7] (Respondent Commission, for
brevity) affirmed the POEA:viii[8]
Accordingly, the decision of the POEA Administrator is hereby AFFIRMED en toto.
Respondent Commission denied the motion for reconsideration in the challenged
Resolution:ix[9]
After due consideration of the Motion for Reconsideration filed by respondentsappellants Vinta Maritime Co., Inc/ Elkano Ship Management, Inc. on October 22, 1993,
from the Decision of September 13, 1993, the Commission (Second Division)
RESOLVED to deny the same for lack of merit.
Hence, this petition.x[10]
The Facts
The facts of this case are undisputed. The solicitor general relates the following
circumstances leading to the complaint:xi[11]
This case arose from a complaint for illegal dismissal by private respondent herein,
Leonides O. Basconcillo, against petitioner companies, xxx Vinta Maritime Company,
Incorporation and the El Kano Ship Management Incorporated, before the POEA
Adjudication Office.
On February 13, 1987, private respondent, a licensed Marine Engineer since 1970, was
hired as Chief Engineer for M.V. Boracay by the shipping company, xxx Vinta Maritime
Company, Incorporated, thru its accredited manning agent, the Elkano Ship
Management, Inc.