4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 694 Phil. 239 FIRST DIVISION [ G.R. No. 162809, September 05, 2012 ] PACIFIC OCEAN MANNING, INC. AND CELTIC PACIFIC SHIP MANAGEMENT CO., LTD., PETITIONERS, VS. BENJAMIN D. PENALES, RESPONDENT. DECISION LEONARDO-DE CASTRO, J.: This is a Petition for Review on Certiorari[1] to reverse and set aside the December 4, 2003 Decision[2] and February 23, 2004 Resolution[3] of the Court of Appeals in CAG.R. SP No. 75126. The facts, as summarized by the Court of Appeals, are as follows: Petitioner Benjamin Penales (Penales) is a seafarer. He was contracted by private respondent Pacific Ocean Manning, Inc. (Pacific) for x x x its foreign principal, private respondent Celtic Pacific Ship Management (H.K.) Ltd. Penales was assigned to work on board the vessel, MV “Courage Venture” under the following terms and conditions: Duration of Contract Position Basic Monthly Salary Hours of Work Overtime Vacation Leave with pay : : : : : : 10 months Ordinary Seaman US$396.00 48 hours per week US$2.60/hour 6.0 days per month Penales underwent the pre-employment medical examination (PEME) as part of the prescribed employment procedure and was pronounced fit to work by the company doctors. Penales joined the vessel of assignment and started working thereon on May 24, 1999. Penales’ scheduled repatriation coincided with the vessel’s docking operations at the port of Nigeria making his return to Manila difficult. Hence, his supposed disembarkation in Singapore where he is scheduled to sign off and repatriated to Manila following the termination of his employment contract was not followed. Instead, he was made to stay longer than the ten-month contract duration stipulated in the Philippine Overseas elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55144 1/12

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