FIRST DIVISION

[G.R. No. 140364. August 15, 2000]

ACE NAVIGATION CO., INC. and/or CONNING SHIPPING
LTD., petitioners, vs. COURT OF APPEALS (THIRTEENTH
DIVISION), NATIONAL LABOR RELATIONS COMMISSION
(FIRST
DIVISION)
and
ORLANDO
ALONSAGAY, respondents.
DECISION
PUNO, J.:
This is a petition for review of the resolutions[1] of the Court of Appeals[2] that
dismissed the petition for certiorari filed by petitioners and which denied their
motion for reconsideration, respectively.
First, the facts.
In June 1994, Ace Navigation Co., Inc. (Ace Nav) recruited private
respondent Orlando Alonsagay to work as a bartender on board the vessel M/V
"Orient Express" owned by its principal, Conning Shipping Ltd. (Conning).
Under their POEA approved contract of employment, Orlando shall receive a
monthly basic salary of four hundred fifty U.S. dollars (U.S. $450.00), flat rate,
including overtime pay for 12 hours of work daily plus tips of two U.S. dollars
(U.S. $2.00) per passenger per day. He, was also entitled to 2.5 days of
vacation leave with pay each month. The contract was to last for one (1) year.
Petitioners alleged that on June 13, 1994, Orlando was deployed and
boarded M/V "Orient Express" at the seaport of Hong Kong. After the expiration
of the contract on June 13, 1995, Orlando returned to the Philippines and
demanded from Ace Nav his vacation leave pay. Ace Nav did not pay him
immediately. It told him that he should have been paid prior to his
disembarkation and repatriation to the Philippines. Moreover, Conning did not
remit any amount for his vacation leave pay. Ace Nav, however, promised to
verify the matter and asked Orlando to return after a few days. Orlando never
returned.
On November 25, 1995, Orlando filed a complaint [3] before the labor arbiter
for vacation leave pay of four hundred fifty U.S. dollars (U.S. $450.00) and
unpaid tips amounting to thirty six, thousand U.S. dollars (U.S.

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