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SECOND DIVISION
[ G.R. No. 222939, July 03, 2019 ]
MECO MANNING & CREWING SERVICES, INC. AND CAPT. IGMEDIO
G. SORRERA, PETITIONERS, VS. CONSTANTINO R. CUYOS,
RESPONDENT.
DECISION
J. REYES, JR., J.:
This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court which
seeks to reverse and set aside the Decision[1] dated May 28, 2015, and the
Resolution[2] dated January 21, 2016, of the Court of Appeals (CA) - Cebu City, in CAG.R. SP No. 05091, which granted herein respondent Constantino R. Cuyos'
(Constantino) petition for certiorari and consequently reversed and set aside the
Decision[3] dated September 30, 2009, and the Resolution[4] dated January 15, 2010,
of the National Labor Relations Commission (NLRC) - Cebu City in NLRC OFW No. VAC05-000033-2009, which in turn affirmed the Decision[5] dated February 12, 2009 of the
Labor Arbiter in NLRC RAB-VII-03-0023-08 OFW, a case for illegal dismissal of a
seafarer.
The Facts
On March 10, 2008, Cuyos filed a complaint for illegal dismissal and claims for salaries
and other benefits for the unexpired portion of his employment contract, damages, and
attorney's fees against International Crew Services, Ltd. (ICS), and petitioners Meco
Manning & Crewing Services, Inc. (MECO) and Captain Igmedio G. Sorrera (Capt.
Sorrera) before the Regional Arbitration Branch of the NLRC in Cebu City. The
petitioners moved for the dismissal of the case, but the same was denied by the Labor
Arbiter. Thereafter, the parties were required to submit their respective position papers.
In his Position Paper,[6] Constantino alleged that on December 11, 2007, MECO, for and
on behalf of its principal, ICS, hired him as the Second Marine Engineer of the vessel
"M/V Crown Princess." The employment was for a period of eight months commencing
on December 10, 2007, under the following terms and conditions:
1.1. Duration
of the
: Eight months
Contract
1.2. Position : Second Engineer
1.3. Basic
Monthly
: US$1,239.00 / Seniority Pay
Salary
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