THIRD DIVISION
[G.R. No. 119320. March 13, 1998]
OCEAN EAST AGENCY CORP., EUROPEAN NAVIGATION, INC. & STANDARD
INSURANCE CO., INC., petitioners,vs. THE NATIONAL LABOR RELATIONS
COMMISSION (NLRC-FIRST DIVISION), and CAPT. PEPITO M. GUCOR, respondents.
DECISION
ROMERO, J.:
On September 28, 1991, respondent Capt. Pepito M. Gucor was hired by petitioner Ocean East
Agency Corp. (Ocean East), the manning agent of herein co-petitioner European Navigation, Inc.
(ENI), as master of M/V Alpine for a period of one (1) year with a monthly salary of US$840.00.
Sometime in February 1992, while the M/V Alpine was anchored at the Port of Havana, Cuba,
respondent was informed of his repatriation for his subsequent transfer to another vessel.
Perceiving the transfer as an insult to his professional competence, Capt. Gucor signified that,
unless his full benefits are accorded him, he shall refuse to leave the vessel knowing the cause
for his repatriation to be unreasonable. In an effort to assuage his fears, petitioners Ocean East
and ENI advised him that his services were not terminated at all, the repatriation being solely for
documentation purposes. On February 29, 1992, after his demands were fully settled, respondent
agreed to be repatriated. Petitioner alleged that in view of respondents earlier refusal to be
repatriated and to man the newly-acquired MV Havre de Grace, it was compelled to assign
another master to the said vessel. Thereafter, the company decided to assign him to MV
Eleptheria-K, whose master was going on leave on February 27, which, however, respondent
likewise missed for failure to disembark when ordered to do so.
On the ground of serious misconduct or willful disobedience, petitioner terminated the services
of respondent. In a complaint for illegal dismissal, on December 1, 1993, Philippine Overseas
Employment Administration (POEA), through Administrator Felicisimo O. Joson, dismissed the
said complaint for lack of merit finding respondents apprehension as premature and that
petitioners were merely acting in the exercise of their management prerogative.
On appeal, this decision was reversed by the National Labor Relations Commission (NLRC) in
its decision dated November 29, 1994, the dispositive portion of which reads:
WHEREFORE, the appealed decision is hereby set aside. The respondents are hereby directed to
jointly and severally pay complainant his salary, overtime pay, vacation leave and other benefits
corresponding to the unexpired portion of his contract.
SO ORDERED.i[1]
Its motion for reconsideration having been denied, petitioners filed the instant petition.