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SECOND DIVISION
[ G.R. No. 232194, June 19, 2019 ]
ALVIN M. DE LEON, PETITIONER, V. PHILIPPINE TRANSMARINE
CARRIERS, INC. AND ANNA MARIA MORALEDA, RESPONDENTS.
DECISION
CAGUIOA, J:
Before the Court is a Petition for Review on Certiorari[1] (Petition) filed by Alvin M. de
Leon (de Leon), assailing the Decision[2] dated July 19, 2016 and Resolution[3] dated
May 23, 2017 of the Court of Appeals (CA) in CA-G.R. SP No. 138932, which affirmed
the Resolution[4] dated November 28, 2014 of the National Labor Relations Commission
(NLRC) in NLRC LAC No. 10-002342-14.
The Facts
On January 31, 2005, de Leon began as a Hotel Personnel Planner for the Crewing
Department of respondent Philippine Transmarine Carriers, Inc. (PTC), a manning
agency acting as agent for foreign principals and engaged in the business of sending
Filipino seafarers on board ocean-going ships or vessels.[5] At the start of his
employment, de Leon was given PTC's old company handbook;[6]
De Leon's first few years with PTC went well, and he was, in fact, promoted to Hotel
Personnel Officer in 2008.[7] In December 2010, he was seconded by PTC to First
Maritime Shared Services, Inc. (FMSSI), PTC's offshore processing unit, where he was
given the position of "Scheduler."[8] During his time with PTC, he was given the
following awards:
1.
2.
3.
4.
5.
6.
Star Award in 2006;
Superstar Award in 2007;
Megastar Award in 2008;
Megastar I Award in 2009;
Megastar II Award in 2010;
Hall of Fame Award - the highest distinction an employee of PTC could get-in
2011.[9]
Meanwhile, during his secondment with FMSSI, he received four Top Performer of the
Month awards, three Top Performer of the Quarter awards, and a Top Performer of the
Year Award in 2012.[10]
It must be noted, however, that in 2010, he was served with two written memoranda
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