4/14/2021
E-Library - Information At Your Fingertips: Printer Friendly
SECOND DIVISION
[ G.R. No. 221227, February 19, 2020 ]
LOADSTAR INTERNATIONAL SHIPPING, INC. AND TEODORO G.
BERNARDINO, PETITIONERS, VS. PABLO P. ERISPE, JR.,
RESPONDENT.
DECISION
REYES, A., JR., J.:
This is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court
assailing the December 3, 2014 Decision[2] and October 21, 2015 Resolution[3] of the
Court of Appeals (CA) in CA-G.R. SP Nos. 119213 and 119779.
The Facts
Petitioner Loadstar International Shipping, Incorporated (Loadstar) hired respondent
Pablo P. Erispe, Jr. (Erispe) as cook on board its vessel M/V Foxhound on May 3, 2007
to May 3, 2008.[4] Pertinent portion of Erispe's previous contracts of employment[5]
provides:
Duration of
:
the Contract:
1.2.Position
:
Basic Monthly
1.3.
:
Salary
Hours of
1.4.
:
Work
1.1.
1.5.Overtime
:
Vacation
1.6.Leave with
:
Pay
1.7.Point of Hire :
10 MONTHS
COOK
S332.00
48 HOURS PER WEEK
FIXED $166.00 OR EQUIVALENT TO 105
HOURS
3 DAYS PER MONTH
MANILA, PHILIPPINES
In his Position Paper,[6] Erispe claimed that he was not furnished copies of these
contracts.[7] He also averred that on May 3, 2007, after being declared fit to work, he
was re-employed by Loadstar as chief cook under the same period and terms as his
previous employment contracts. After expiration of the latest contract, he continued
working aboard M/V Foxhound until January 24, 2010 when the vessel arrived in the
port of Manila and Erispe was ordered by Loadstar to disembark without justifiable
reason. On that same night, Erispe was rushed to Bernardino Hospital in Novaliches,
Quezon City due to difficulty in urinating where he was immediately given treatment.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66175
1/10