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