optional retirement on the following grounds, to wit: (1) he was employed on a
contractual basis; (2) his contract of enlistment (COE) did not provide for retirement
before the age of sixty (60) years; and (3) he did not comply with the requirement for
claiming benefits under the CEIP, i.e., to submit a written advice to the company of his
intention to terminate his employment within thirty (30) days from his last
disembarkation date.3[3] Spped
On August 9, 1989, petitioner Millares requested for an extension of his leave of
absence from August 9 to 24, 1989. On August 19, 1989, Roy C. Palomar, Crewing
Manager, Ship Group A, Trans-Global, wrote petitioner Millares advising him that
respondent Esso International "has corrected the deficiency in its manpower
requirements specifically in the Chief Engineer rank by promoting a First Assistant
Engineer to this position as a result of (his) previous leave of absence which expired
last August 8, 1989. The adjustment in said rank was required in order to meet
manpower schedules as a result of (his) inability." 4[4]
On September 26, 1989, respondent Esso International, through H. Regenboog,
Personnel Administrator, advised petitioner Millares that in view of his absence without
leave, which is equivalent to abandonment of his position, he had been dropped from
the roster of crew members effective September 1, 1989.5[5]
On the other hand, petitioner Lagda was employed by private respondent Esso
International as wiper/oiler in June 1969. He was promoted as Chief Engineer in 1980, a
position he continued to occupy until his last COE expired on April 10, 1989. He was
then receiving a monthly salary of US$1,939.00.6[6]
On May 16, 1989, petitioner Lagda applied for a leave of absence from June 19,1989
up to the whole month of August 1989. On June 14, 1989, respondent Trans-Globals
President, Michael J. Estaniel, approved petitioner Lagdas leave of absence from June
22, 1989 to July 20, 19897[7] and advised him to report for re-assignment on July 21,
1989.
On June 26, 1989, petitioner Lagda wrote a letter to G.S. Stanley, Operations Manager
of respondent Esso International, through respondent Trans-Globals President Michael
3[3]
Id., at 533.
4[4]
Id., at 532.
5[5]
Id.
6[6]
Id.
7[7]
Id.