the Philippines without being told of the reasons why.[24] Clearly, respondent was
not accorded due process.
Finally, petitioner laments the award of backwages equivalent to three
months salary in favor of respondent. Petitioner argues that there is no basis for
such award. The Court is not persuaded.
A seafarer is not a regular employee as defined in Article 280 of the Labor
Code. Hence, he is not entitled to full backwages and separation pay in lieu of
reinstatement as provided in Article 279 of the Labor Code.[25] Seafarers are
contractual employees whose rights and obligations are governed primarily by the
POEA Standard Employment Contract for Filipino Seamen, the Rules and
Regulations Governing Overseas Employment, and, more importantly, by Republic
Act (R.A.) No. 8042, or the Migrant Workers and Overseas Filipinos Act
of 1995.[26] While the POEA Standard Employment Contract for Filipino Seamen
and the Rules and Regulations Governing Overseas Employment do not provide
for the award of separation or termination pay,[27] Section 10 of R.A. 8042 provides
for the award of money claims in cases of illegal dismissals, thus:
Section 10. Money Claims. – x x x
x x x
In case of termination of overseas employment without just, valid or
authorized cause as defined by law or contract, the worker shall be entitled to the
full reimbursement of his placement fee with interest at twelve percent (12%) per
annum, plus his salaries for the unexpired portion of his employment contract or
for three (3) months for every year of the unexpired term, whichever is less.
x x x
The award of salaries for the unexpired portion of his employment contract
or for three (3) months for every year of the unexpired term, whichever is less, is
not an award of backwages or separation pay, but a form of indemnity for the