FIRST DIVISION
[G.R. No. 110524. March 14, 2000]
DOUGLAS MILLARES and ROGELIO LAGDA, petitioners, vs. NATIONAL
LABOR RELATIONS COMMISSION, TRANS-GLOBAL MARITIME
AGENCY, INC. and ESSO INTERNATIONAL SHIPPING CO., LTD.,
respondents.
DECISION
KAPUNAN, J.:
Petitioners Douglas Millares and Rogelio Lagda seek the nullification of the decision,
dated June 1, 1993, of the public respondent National Labor Relations Commission
(NLRC) rendered in POEA Case (M) Adj 89-10-961 entitled "Douglas Millares and
Rogelio Lagda v. Trans-Global Maritime Agency, Inc. and ESSO International Shipping
Co., Ltd., et. al." dismissing for lack of merit petitioners' appeal and motion for new trial
and affirming the decision, dated July 17, 1991, rendered by the Philippine Overseas
Employment Administration (POEA). Mis spped
The antecedent facts of the instant case are as follows:
Petitioner Douglas Millares was employed by private respondent ESSO International
Shipping Company Ltd. (Esso International, for brevity) through its local manning
agency, private respondent Trans-Global Maritime Agency, Inc. (Trans-Global, for
brevity) on November 16, 1968 as a machinist. In 1975, he was promoted as Chief
Engineer which position he occupied until he opted to retire in 1989. He was then
receiving a monthly salary of US $1,939.00.1[1]
On June 13, 1989, petitioner Millares applied for a leave of absence for the period July
9 to August 7, 1989. In a letter dated June 14, 1989, Michael J. Estaniel, President of
private respondent Trans-Global, approved the request for leave of absence.2[2] On
June 21, 1989, petitioner Millares wrote G.S. Hanly, Operations Manager of Exxon
International Co., (now Esso International) through Michael J. Estaniel, informing him of
his intention to avail of the optional retirement plan under the Consecutive Enlistment
Incentive Plan (CEIP) considering that he had already rendered more than twenty (20)
years of continuous service. On July 13, 1989 respondent Esso International, through
W.J. Vrints, Employee Relations Manager, denied petitioner Millares' request for
1[1]
Rollo, p. 531.
2[2]
Ibid.