At any rate, factors obtain arguing against the notion that respondent
consented to contract extension under the same terms and conditions
prevailing when the original contract expired. Stated a bit differently, there
are compelling reasons to believe that respondent retained the services of
the acceding Delos Santos, as the Court of Appeals aptly observed, but
under domestic terms and conditions. We refer first to the reduced salary
of Delos Santos payable in Philippine peso[23] which, significantly enough,
he received without so much of a protest. As respondent stated in
itsComment, without any controverting response from petitioner, Delos
Santos, for the period ending October 31, 1995, was drawing a salary at
the rate of P8,475.00 a month, whereas the compensation package
stipulated under the POEA-approved contract provided for a US$613 basic
monthly salary and a US$184 fixed monthly overtime pay. And secondly,
MV Super RoRo 100 was no longer engaged in foreign trading as it was no
longer intended as an ocean-going ship. Accordingly, it does not make
sense why a seafarer of goodwill or a manning agency of the same
disposition would insist on being regulated by an overseas employment
agency under its standard employment contract, which governs
employment of Filipino seamen on board ocean-going vessels.[24]
Petitioners submission about the parties not having entered into another
employment contract after the expiration of the POEA-approved
employment contract, ergo, the extension of the expired agreement, is
flawed by the logic holding it together. For, it presupposes that an
agreement to do or to give does not bind, unless it is embodied in a written
instrument. It is elementary, however, that, save in very rare instances
where certain formal requisites go into its validity, a contract, to be valid
and binding between the parties, need not be in writing. A contract is
perfected when the contracting minds agree on the object and cause
thereof.[25] And,
as
earlier
discussed,
several
circumstantial indicia tended toprove that a new arrangement under
domestic terms was agreed upon by the principal players to govern the
employment of Delos Santos after the return of MV Wild Iris to the country
to engage in coastwise trading.
Given the foregoing perspective, the disallowance under the decision
subject of review of the petitioners claim for maximum disability benefits
and sickness allowance is legally correct. As it were, Delos Santos right to