4/14/2021
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He was later diagnosed with prostate enlargement.[8]
On January 27, 2010, Erispe allegedly replied his condition to Loadstar and submitted
his seaman's book for proper documentation, galley inventory, and requested his
clearance be issued by the ship master. Instead of referring him to the company's
doctor, Erispe was made to sign a resignation letter which shows that he requested to
disembark for personal reasons. He was also made to sign an off-signing clearance
indicating that Erispe will just take a vacation. He signed these documents believing
that hi s remaining wages and accrued benefits will be immediately released by
Loadstar.[9] But Loadstar did not pay him.
On January 31, 2010, Erispe was admitted at the Veterans Memorial Medical Center
where he underwent a prostate surgery on February 1, 2010.[10] Before he was
discharged, Erispe asked Loadstar for sickness allowance and reimbursement of his
medical expenses but was denied.[11] On February 5, 2010, he was discharged from
the hospital.[12] He claimed he suffered incontinence after surgery and was rendered
unfit to work for more than 120 days.[13]
On February 17, 2010, Erispe was made to sign a quitclaim and release for the sum of
P6,381.60 representing his remaining salaries and other benefits before the Labor
Arbiter (LA). The LA, however, declined to ratify the quitclaim and release because
Erispe confirmed that he signed the same out of necessity.[14]
On February 23, 2010, Erispe filed a Complaint before the NLRC for actual illegal
dismissal; underpayment of salary/wages, overtime pay; and non-payment of vacation
leave pay, sick leave pay, and medical expenses (hospitalization).[15]
For its part, Loadstar denied that Erispe was dismissed. It maintained that Erispe
disembarked because he had to renew his seafarer's registration certificate and
passport which would respectively expire on August 16 and 28, 2010. It further claimed
that when Erispe disembarked, he did so on a finished contract. Loadstar also denied
petitioner's entitlement to his monetary claims.[16]
The LA Ruling
In a Decision[17] dated September 17, 2010, the LA ruled that Erispe was illegally
dismissed. The LA took note of Loadstar's confusion as to the reason for Erispe's
disembarkation. Having found to be illegally dismissed, Loadstar was ordered to pay
Erispe the amount equivalent to the unexpired portion of his contract. The LA ruled that
the original contract was renewed for three (3) consecutive periods of ten (10) months
each and the last renewal was set to expire on September 6, 2010. The claims for
permanent disability benefits, sickness allowance, and refund of medical expenses were
denied because the disembarkation was not due to medical reasons. The dispositive
portion of the LA's decision reads:
WHEREFORE, in view of the foregoing, respondent Loadstar International
Shipping, Inc. is hereby found liable for illegally dismissing complainant
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66175
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