Singa-Ship Mgmt Phil Inc vs NLRC : 120276 : July 24, 1997 : J. Puno ... http://sc.judiciary.gov.ph/jurisprudence/1997/jul1997/120276.htm Private respondent appealed to the National Labor Relations Commission. On March 9, 1995, the Commission modified the decision of the POEA Administrator after finding that private respondent did not voluntarily resign but was dismissed by the ship captain. It deleted the award of U.S.$3,232.00 in favor of petitioner and affirmed the award of U.S.$2,463.58 in favor of private respondent, viz: "WHEREFORE, premises considered, the assailed decision is affirmed with the modification that the order to respondent to pay complainant the amount of U.S.$3,232.00 representing repatriation expenses is deleted for being without valid basis."[8] Hence this petition. Petitioner claims that: "1. Respondent NLRC gravely abused its discretion when it reversed the POEA's decision by misconstruing and making a wrong interpretation of the act of "desertion;" 2. Respondent NLRC gravely abused its discretion when it affirmed the POEA's decision by not applying the corresponding administrative penalty as provided in the POEA standard format Contract of Employment; 3. Respondent NLRC gravely abused its discretion when it modified the POEA's decision by deleting the award in favor of petitioner inspite of substantial and convincing evidence in support thereof; 4. Respondent NLRC gravely abused its discretion when it disregarded the time-honored principle that a person is liable for all the logical consequences of his act."[9] We affirm. "Desertion," in maritime law, is defined as: "The act by which a seaman deserts and abandons a ship or vessel, in which he had engaged to perform a voyage, before the expiration of his time, and without leave. By desertion, in maritime law, is meant, not a mere unauthorized absence from the ship, without leave, but an unauthorized absence from the ship with an intention not to return to her service; or as it is often expressed, animo non revertendi, that is, with an intention to desert."[10] Desertion has been defined as (1) a seaman's abandonment of duty by quitting ship, not only without leave or permission, but without justifiable cause, before termination of engagement; and (2) with the intent of not returning to the ship's duty.[11] It is essential that there be an animo non revertendi, an intention not to return.[12] Once the facts constituting the abandonment and intent not to return are proven, the seaman may be dismissed by the master, or he may be suspended by the POEA for three years as minimum penalty or delisted from the POEA registry as maximum penalty.[13] In the case at bar, private respondent's act of leaving the vessel was precipitated by a heated argument between him and the ship captain. Respondent arrived late from shore leave. The master reprimanded him and refused to pay for their service boat. So he shouted at the master "Fuck your ass captain! I don't want to sail with you!" Later, he appeared at the crew mess hall and overheard the bosun talking about him.[14] This made him angry and he struck the bosun with his pistol. A while later, private respondent was seen with baggage in hand leaving the ship and uttering the words: "Sorry, but I don't want to sail with the captain!" Contrary to petitioner's allegations, the words private respondent uttered do not indicate the firm intention to leave and not to return to his job. At best, the words can be interpreted as expressing what private respondent felt towards his master. They do not unequivocably establish the intent to abandon his job, never to return. Neither do his acts reinforce this intent to abandon. 3 of 5 1/24/2016 9:37 PM