have been illegally dismissed from employment and private respondents, KARA
SEAL SHIPPING CO., LTD and ORIENTAL SHIP MANAGEMENT CO., INC.
are, therefore, ORDERED to solidarily PAY CUESTA and GONZAGA, as
follows:
a. Five thousand eight hundred eight US dollars (US$5,808.00),
each, representing their three-month salaries for the unexpired
portion of their contracts;
b. US$142.50, as and by way of unpaid vacation leave pay for
petitioner CUESTA;
c. Ten thousand pesos (P10,000.00), each, as moral damages;
d. Five thousand pesos (P5,000.00), each, as exemplary damages;
e. Attorneys’ fees equivalent to ten percent (10%) of five thousand
eight hundred eight US dollars (US$5,808.00), the amount of
wages recovered; and the costs of suit.
SO ORDERED.
[14]
Oriental and Kara Seal filed a Motion for Reconsideration, which the Court
of Appeals denied in its assailed Resolution.
Hence, the instant petition anchored on the sole ground that:
The Court of Appeals erred in setting aside the Labor Arbiter’s and
National Labor Relations Commissions’ findings that private respondents
voluntarily resigned from employment as shown by the Letters of Indemnity they
executed as the said findings were based on substantial evidence and law and
rendered without any grave abuse of discretion.
[15]
Petitioner contends that respondents voluntarily executed the Letters of
Indemnity in the presence of an ITF representative who also signed it. It adds that
respondents failed to substantiate claims of threat and intimidation allegedly
exerted by petitioner. In any case, Oriental stresses it could not have threatened or
intimidated respondents as the latter were abroad, while petitioner is based
in Manila.