4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly fellow seafarers, served as each other’s witnesses when they agreed and signed their respective waivers and quitclaims. Sixth, the respondents’ voluntary and knowing conformity to the settlement pay was proved not only by the waiver and quitclaim, but by the letters of acceptance and the vouchers evidencing payment. With these documents on record, the burden shifts to the respondents to prove coercion and undue influence other than through their bare self-serving claims. No such evidence appeared on record at any stage of the proceedings. In these lights and in the absence of any evidence showing that fraud, deception or misrepresentation attended the execution of the waiver and quitclaim, we are sufficiently convinced that a valid transaction took place. Consequently, we find that the CA erroneously imputed grave abuse of discretion in misreading the submitted evidence, and in relying on the May 25, 2005 agreement and on Section 10 of R.A. No. 8042. The respondents are entitled to nominal damages for failure of Van Doorn to observe the procedural requisites for the termination of employment under Article 283 of the Labor Code As a final note, we observe that while Van Doorn has a just and valid cause to terminate the respondents’ employment, it failed to meet the requisite procedural safeguards provided under Article 283 of the Labor Code. In the termination of employment under Article 283, Van Doorn, as the employer, is required to serve a written notice to the respondents and to the DOLE of the intended termination of employment at least one month prior to the cessation of its fishing operations. Poseidon could have easily filed this notice, in the way it represented Van Doorn in its dealings in the Philippines. While this omission does not affect the validity of the termination of employment, it subjects the employer to the payment of indemnity in the form of nominal damages.[48] Consistent with our ruling in Jaka Food Processing Corporation v. Pacot,[49] we deem it proper to award the respondents nominal damages in the amount of P30,000.00 as indemnity for the violation of the required statutory procedures. Poseidon shall be solidarily liable to the respondents for the payment of these damages.[50] WHEREFORE, in view of these considerations, we hereby GRANT in PART the petition and accordingly REVERSE and SET ASIDE the Decision dated September 30, 2008 and the Resolution dated February 11, 2009 of the Court of Appeals in CA-G.R. SP No. 98783. We REINSTATE the Resolution dated December 29, 2006 of the National Labor Relations Commission with the MODIFICATION that petitioner Poseidon International Maritime Services, Inc. is ordered to pay each of the respondents nominal damages in the amount of P30,000.00. Costs against the respondents. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55926 10/14