WHEREFORE, the Court GRANTS the petition, REVERSES and SETS ASIDE the April 26, 2010 Decision and October 12, 2011 Resolution of the Court of Appeals in CA-G.R. SP 108665 and REINSTATES the November 28, 2008 Decision and February 27, 2009 Resolution of the National Labor Relations Commission in favor of petitioners Vetyard Terminals & Shipping Services, Inc., Miguel S. Perez, and Seafix, Inc. SO ORDERED. ROBERTO A. ABAD Associate Justice WE CONCUR: PRESBITERO J. VELASCO, JR. Associate Justice Chairperson DIOSDADO M. PERALTA Associate Justice JOSE CATRAL MENDOZA Associate Justice MARVIC MARIO VICTOR F. LEONEN Associate Justice ATTESTATION I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. PRESBITERO J. VELASCO, JR. Associate Justice Chairperson, Third Division CERTIFICATION Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. ANTONIO T. CARPIO Acting Chief Justice Footnotes 1 See Employment Contract, rollo, p. 76.