6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 754 Phil. 307 FIRST DIVISION [ G.R. No. 207010, February 18, 2015 ] MAERSK-FILIPINAS CREWING, INC., A.P. MOLLER SINGAPORE PTE. LIMITED, AND JESUS AGBAYANI, PETITIONERS, VS. TORIBIO C. AVESTRUZ,* RESPONDENT. DECISION PERLAS-BERNABE, J.: Assailed in this petition for review on certiorari[1] are the Decision[2] dated January 4, 2013 and the Resolution[3] dated April 16, 2013 rendered by the Court of Appeals (CA) in CA-G.R. SP No. 125773 which reversed and set aside the Decision[4] dated April 26, 2012 and the Resolution[5] dated June 18, 2012 of the National Labor Relations Commission (NLRC) in NLRC NCR Case No. (M) 07-10704-11 [NLRC LAC No. (OFWM)-01-000123-12] dismissing the illegal dismissal complaint filed by respondent Toribio C. Avestruz (Avestruz) and awarding him nominal damages. The Facts On April 28, 2011, petitioner Maersk-Filipinas Crewing, Inc. (Maersk), on behalf of its foreign principal, petitioner A.P. Moller Singapore Pte. Ltd. (A.P. Moller), hired Avestruz as Chief Cook on board the vessel M/V Nedlloyd Drake for a period of six (6) months, with a basic monthly salary of US$698.00.[6] Avestruz boarded the vessel on May 4, 2011.[7] On June 22, 2011, in the course of the weekly inspection of the vessel’s galley, Captain Charles C. Woodward (Captain Woodward) noticed that the cover of the garbage bin in the kitchen near the washing area was oily. As part of Avestruz’s job was to ensure the cleanliness of the galley, Captain Woodward called Avestruz and asked him to stand near the garbage bin where the former took the latter’s right hand and swiped it on the oily cover of the garbage bin, telling Avestruz to feel it. Shocked, Avestruz remarked, “Sir if you are looking for [dirt], you can find it[;] the ship is big. Tell us if you want to clean and we will clean it.” Captain Woodward replied by shoving Avestruz’s chest, to which the latter complained and said, “Don’t touch me,” causing an argument to ensue between them.[8] Later that afternoon, Captain Woodward summoned and required[9] Avestruz to state in writing what transpired in the galley that morning. Avestruz complied and submitted his written statement[10] on that same day. Captain Woodward likewise asked Messman Jomilyn P. Kong (Kong) to submit his own written statement regarding the incident, to elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59563 1/13

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