jurisprudence[16] and the basics of procedure[17] provide that when a party has appeared
through counsel, service is to be made upon the latter, unless the court specifically
orders that it be upon the party.
We also note that from the inception of the case at the LAs office, all pleadings
addressed to private respondent had always been sent to his counsel, Atty. Danilo G.
Macalino. Note that private respondent, who was employed as a seaman, was often out
of his home. The service of pleadings and other court processes upon him personally
would have been futile, as he would not have been around to receive them.
This Court has repeatedly held that while courts should meticulously observe the
Rules, they should not be overly strict about procedural lapses that do not impair the
proper administration of justice.[18] Rather, procedural rules should be liberally construed
to secure the just, speedy and inexpensive disposition of every action and proceeding. [19]
Substantive Issue:
Liability of Petitioner for Unpaid Salaries
It is worthwhile to note that what is involved in this case is the recovery of unpaid
salaries and other monetary benefits. The Court is mindful of the plight of private
respondent and, indeed, of workers in general who are seeking to recover wages that
are being unlawfully withheld from them. Such recovery should not be needlessly
delayed at the expense of their survival. This case is now on its ninth year since its
inception at the LAs office. Its remand to the CA will only unduly delay its disposition. In
the interest of substantial justice,[20] this Court will decide the case on the merits based
upon the records of the case, particularly those relating to the OSM Shipping Philippines
Petition before the CA.
On behalf of its principal, PC-SASCO, petitioner does not deny hiring Private
Respondent Guerrero as master mariner. However, it argues that since he was not
deployed overseas, his employment contract became ineffective, because its object
was allegedly absent. Petitioner contends that using the vessel in coastwise trade and
subsequently chartering it to another principal had the effect of novating the
employment contract. We are not persuaded.
As approved by the Philippine Overseas Employment Agency (POEA), petitioner
was the legitimate manning agent of PC-SASCO.[21] As such, it was allowed to select,
recruit, hire and deploy seamen on board the vessel M/V Princess Hoa, which was
managed by its principal, PC-SASCO.[22] It was in this capacity that petitioner hired
private respondent as master mariner. They then executed and agreed upon an
employment contract.
An employment contract, like any other contract, is perfected at the moment (1) the
parties come to agree upon its terms; and (2) concur in the essential elements thereof:
(a) consent of the contracting parties, (b) object certain which is the subject matter of