Ranises vs NLRC : 111914 : September 24, 1996 : J Francisco : Third ... 2 of 6 http://sc.judiciary.gov.ph/jurisprudence/1996/sept1996/111914.htm months, the same was subsequently revised upon the signing of a Special Agreement on February 26, 1990 between the International Transport Workers Federation (ITF)/and Japan Seamens Union (JSU)/ Associated Marine Officers and Seamens Union of the Philippines (AMOSUP), of which petitioner is a member, and private respondent Sinkai Shipping Co. Ltd. and Orophil Shipping International Co., Inc. The Special Agreement amended their existing Collective Bargaining Agreement and reduced petitioners salary to US$1,387.00 a month for a period of ten (10) months. It was expressly agreed upon that the Special Agreement shall be retroactive from January 11, 1990, thereby, including petitioner within its coverage. Petitioner refused to sign the new contract and instead requested that he be repatriated as he intended to apply for a higher paying contract. Moreover, private respondents alleged that petitioner failed to exhaust administrative remedies by not ventilating his complaint in accordance with the grievance procedures provided in the POEA approved ITF/JSU/AMOSUP CBA. On July 2, 1991, judgment was rendered by the POEA in favor of petitioner finding private respondents guilty of illegal dismissal as petitioners repatriation was an offshoot of his demand that he be paid the salary provided in his original contract, and ordered as follows: WHEREFORE, premises considered, judgment is hereby rendered by ordering respondents to pay complainant, jointly and severally the following: 1. US$7,226.48 or its peso equivalent at the time of payment, representing the money equivalent of the unexpired portion of the contract; 2. US$957.63 or its peso equivalent at the time of payment representing salary differentials; 3. Five percent (5%) of the total amount as attorneys fee. SO ORDERED. [4] Thereafter, private respondents filed an appeal with the NLRC, which in turn arrived at a different conclusion, modifying the ruling of the POEA, and rendered the assailed decision on September 14, 1992, the dispositive portion of which reads: WHEREFORE, and in view thereof the appealed decision is hereby SET ASIDE and a new one entered ordering respondent GRACE MARINE to pay complainant the following amounts: 1). US$ 1,375.00 or its peso equivalent as penalty for violation of procedural rules; 2). US$ 957.00 or its peso equivalent representing his leave pay differential which was only computed based on three (3) days leave pay/month. SO ORDERED. [5] Although it conceded that petitioners dismissal was effected without due process, respondent NLRC nevertheless upheld petitioners termination from employment and justified the same as a measure of self-protection on private respondent-employers part. Respondent Commission ruled that there was just cause for petitioners dismissal because he committed acts which tended to breed discontent among crew members by advocating and inciting a labor [6] dispute. Taking exception to the foregoing decision of the NLRC, petitioner filed the instant petition for certiorari, assailing the NLRC for having committed grave abuse of discretion in reversing the judgment of the POEA. Petitioner argues that contrary to the conclusion of the NLRC, there was no valid ground to support his dismissal. This fact, coupled with the absence of due process in 1/20/2016 12:51 PM

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