paper petitioner had recognized the authority of the Labor Arbiter to take cognizance of the
complaint and to resolve the issue of illegal dismissal.
Petitioner also claims that it cannot be made liable to respondent Zulueta for illegal dismissal
because it had been replaced by C.F. Sharp Crew Management Inc. as the new manning agent of
M/V Mico by virtue of an Affidavit of Assumption of Responsibility executed by C.F. Sharp Crew
Management Inc. stating that it "is willing to assume any and all liabilities that may arise or that
may have arisen with respect to the seamen recruited and deployed by Philimare Shipping
Co."vii[7]
As correctly stated by the Office of the Solicitor General, respondent Zulueta was not privy to
the assumption of responsibility by a new manning agent substituting petitioner. Such contract or
agreement cannot therefore be binding on him. As the local recruiter who employed respondent
Zulueta for or on behalf of the foreign principal, petitioner is the one liable to him for breach of
contract of employment. An illegally dismissed worker like respondent Zulueta whose
employment is for a fixed period is entitled to payment of his salaries corresponding to the
unexpired portion of his contract.viii[8] The computation by the Labor Arbiter of the unpaid
salaries and vacation leave pay due the dismissed seaman which was not disputed by petitioner is
a factual matter binding on this Court.
WHEREFORE, the Petition is DISMISSED and the Decision of the National Labor Relations
Commission dismissing the appeal of petitioner and affirming in effect that respondent Ramon
Zulueta was illegally dismissed by petitioner is AFFIRMED. Likewise, the award by the Labor
Arbiter to respondent Ramon Zulueta of money claims amounting to P40,043.65 representing his
salary for the remaining three (3) months of the unexpired portion of his employment contract
and P21,588.88 as unpaid vacation leave pay plus attorney's fees of ten percent (10%) of the
monetary award is REITERATED and AFFIRMED. Costs against petitioner.
SO ORDERED.
Mendoza, Quisumbing, Buena, and De Leon, Jr., JJ., concur.
i[1] Filed under Rule 65 of the Rules of Court.
ii[2] Rollo, p. 25.
iii[3] Rollo, p. 41.
iv[4] Records, p. 19.