6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 479 Phil. 230 FIRST DIVISION [ G.R. No. 157373, July 27, 2004 ] PENTAGON INTERNATIONAL SHIPPING, INC., PETITIONER, VS. WILLIAM B. ADELANTAR, RESPONDENT. DECISION YNARES-SANTIAGO, J.: This is a petition for review on certiorari assailing the decision[1] of the Court of Appeals dated September 26, 2002 in CA-G.R. SP No. 62839 which modified the decision[2] of the National Labor Relations Commission (NLRC). The antecedent facts are as follows: On August 16, 1997, respondent William B. Adelantar was hired by Dubai Ports Authority of Jebel Ali under an employment contract (first contract) which provided for an unlimited period of employment with a monthly salary of five thousand five hundred dirhams (Dhs 5,500). On September 3, 1997, Adelantar and petitioner Pentagon International Shipping, Inc. (Pentagon), for and in behalf of Dubai Ports Authority of Jebel Ali, entered into a Philippine Overseas Employment Administration (POEA) standard employment contract (second contract), this time providing for a 12-month period with basic monthly salary of US$380.00 and fixed overtime pay of US$152.00. Upon completion of his probationary period on April 5, 1998, Adelantar’s basic salary was increased to five thousand eight hundred ninety dirhams (Dhs 5,890), while his overtime pay was increased to two thousand three hundred fifty-six dirhams (Dhs 2,356) effective April 1, 1998. On June 11, 1998, however, the management barred Adelantar from entering the port due to a previous dispute with his superior. He was asked to hand in his health and employment card. On the same date, he received a letter from his employer, stating that he was being terminated for assaulting his superior officer, although he was promised employment in another company. Adelantar was eventually repatriated after nine (9) months and seven (7) days of service. After almost a year of waiting with no work forthcoming, Adelantar filed a complaint for illegal dismissal with money claim against Pentagon International Shipping, Inc. with the NLRC, docketed as NLRC NCR OFW (M) 99-05-0693. The Labor Arbiter found that the dismissal of Adelantar was illegal. Consequently, he elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/45733 1/6