Phil-Singapore Transport Services Inc vs NLRC : 95449 : August 18, ... 1 of 6 http://sc.judiciary.gov.ph/jurisprudence/1997/aug1997/95449.htm SECOND DIVISION [G.R. No. 95449. August 18, 1997] PHILIPPINE-SINGAPORE TRANSPORT SERVICES, INC., petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION and Capt. WENEFREDO N. ESTRADA, respondents. DECISION TORRES, JR., J.: The instant case basically revolves around the issue of whether or not private respondent Wenefredo N. Estrada, the complainant in POEA Case No. M-88-02-102 entitled Capt. Wenefredo N. Estrada vs. Philippine Singapore Transport Services, Inc., et. al., is validly dismissed from the service on account of his alleged incompetence as the master/captain of the vessel Sea Carrier I. It appears that on November 24, 1987, herein petitioner Philippine-Singapore Transport Services, Inc. (PSTS, for brevity), a manning agency, hired private respondent Estrada as master of the vessel Sea Carrier I for its foreign principal, Intra-Oil Supplies Sbn Bhd (Intra-Oil, for brevity). Intra-Oil had a charter agreement, then, with a company which was engaged in a project of oil drilling in the high seas of Bombay, India. On January 21, 1988 or barely two months following his employment, private respondent Estrada was informed by a representative of Modest Shipping, an agent of Intra-Oil, that he would be relieved from his employment and repatriated back to the Philippines. He was not given any explanation or reason for his relief. On that same day, someone took over as captain of Sea Carrier I, which prompted Estrada to relinquish his post. On account of this unfortunate incident, he decided to return to Manila the following day. Upon his arrival, he readily went to petitioner PSTS to ask about his dismissal from employment and to claim for his unpaid salary and the sum corresponding to his plane fare which was deducted from his salary. Petitioner PSTS informed him that his service was terminated due to his incompetence. It also denied his claim for the sum of money. On February 10, 1988, private respondent Estrada filed with the POEA Adjudication Department a complaint against PSTS and Intra-Oil for illegal dismissal, docketed as POEA Case No. M-88-02-102. He asked for the reimbursement of his plane fare and payment of his leave pay and of the remaining salaries for the unexpired portion of his six-month contractual period. In its answer, PSTS alleged that the dismissal of private respondent Estrada was due to a valid cause, which is incompetency. It asserted that his incompetency is evidenced by the telexes of the charterer to PSTS complaining about the private respondents incompetency in handling the vessel for any tow or even approaching the oil drilling platforms, and informing about its (charterers) decision to terminate the services of private respondent as master of the vessel and to off-hire the Sea Carrier I due to private respondents incompetence. According to PSTS, it had no choice but to give its consent to the dismissal of private respondent by the charterer because the latter was in a best position to determine the qualification of the private respondent. In his position paper, private respondent revealed that his termination from service was an 1/24/2016 11:08 PM