It is thus clear that based on the ship's Logbook Abstract, respondent Sangil did not slip
but was actually pushed by the Greek deck steward causing the former to fall and
sustain an injury. And while it may be argued that the incident may have been a
personal matter between respondent Sangil and the Greek deck steward, it could have
simply been avoided had the ship captain been more vigilant in the supervision of his
crew. For, in his affidavit drawn before the Philippine Consul, respondent Sangil
narrated that he had earlier complained to the captain of the abuses of the Greeks, but
the captain did not only ignore him but blamed him instead for joining the ship. The
captain, as the general agent of the shipowner, could thus be held responsible for failing
to make the workplace safe.
Corollarily, the contention of petitioners that respondent Sangil voluntarily quit and was
not illegally dismissed is without merit. We defer to the findings of the NLRC Since complainant is not the aggressor, and since he figured a head injury, he is then
afraid to go back to the ship and to mix with his aggressor. This apprehension or fear is
normal to an ordinary prudent individual and is tantamount to self-preservation.
Therefore, his decision to leave the ship "Crown Odyssey" is not voluntary. He did not
leave the ship out of his own free will but his departure was precipitated by fear. Without
that incident on 20 July 1990 he would have no reason not to go back to the ship but
with that incident, he fears for his life and limb.viii[8]
In People's Security, Inc. v. NLRC we said that "constructive dismissal exists when
there is a quitting because continued employment is rendered impossible, unreasonable
or unlikely x x x x"ix[9] Then in Philippine Advertising Counselors, Inc. v. NLRC we held
that "[c]onstructive dismissal, however, does not always involve such kinds of
diminution; an act of clear discrimination, insensibility, or disdain by an employer may
become so unbearable on the part of the employee that it could foreclose any choice by
him except to forego his continued employment."x[10]
In the instant case, respondent Sangil quit because he feared for his life and his fear
was well founded. He already figured in an incident with the much taller, bigger and
heavier Zakkas who had been intimidating him. He already suffered a cut in his head.
Earlier, Zakkas threatened to pour hot coffee on his head.xi[11] Indeed, the intense
undercurrent between the Filipinos and the Greeks that could erupt into violence at the
slightest provocation was apparent as manifested by the writings in blood on the wall of
the word "magkaisa," as witnessed by another Greek steward on the day of the incident.
And, Sangil could not get any protection from the Greek ship captain, not even the
slightest assurance of safety from him. In fine, the decision of respondent Sangil to
leave the ship was not voluntary at all but was impelled by a legitimate desire for selfpreservation. He did not leave the ship out of his own free will, whim or caprice but was
moved by fear for his life. Without that incident on 20 July 1990 where he was pushed
by the Greek Zakkas, respondent Sangil would not have had any reason not to return to
his ship.xii[12] After all, he must have worked so hard to get on board "Crown Odyssey."