4/30/2021
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Finally, in October 1993, petitioner wrote to respondent Maersk demanding immediate
payment to him of the total amount of the money orders deducted from his salary from
1977 to 1978.[4] On November 11, 1993, respondent A.P. Moller replied to petitioner
that they keep accounting documents only for a certain number of years, thus data on
his money claims from 1977 to 1978 were no longer available. Likewise, it was claimed
that it had no outstanding money orders. A.P. Moller declined petitioner's demand for
payment.[5]
In April 1994, petitioner filed a complaint for collection of the total amount of the
unsent money orders and illegal salary deductions against the respondent Maersk in
the Philippine Overseas Employment Agency (POEA). The case was transferred to the
NLRC where Labor Arbiter Arthur Amansec ruled, viz:
“Anent the deductions from his salary of "Welfare/Ship Club" contributions,
these deductions are compulsory deductions pursuant to Department Order
No. 898 dated December 27, 1990 of the Danish Maritime Authority. Being
government imposed deductions, the same cannot be said to be unlawful. In
fact, a non-deduction could have been unlawful and could have meant
official sanctions against the respondents.
Regarding the Danish SSS deductions of forty-four dollars ($44.00) for a
period of three (3) months in 1991, it appearing that the same were for
payments of complainants' medical insurance and expenses, the same
cannot be said to be illegal.
Regarding to (sic) complainant's claim for payment of and/or refund of
seven (7) money orders for the period covering 1977 to 1978, while the
respondents claim payment of that claim, it failed to present competent
evidence of payment such that this Office is constrained to approve this
claim as warranted.
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WHEREFORE, judgment is hereby made ordering the respondent and/or
TICO Insurance Co., Inc. to refund to complainant his untransmitted money
order payment of HK$4,600 and 1,050 Sterling Pounds.
Respondent TICO Insurance Co., Inc.('s) cross-claim against respondent, for
being meritorious, is hereby APPROVED.
Other claims for lack of merit, are ordered DISMISSED.”[6]
Respondent Maersk appealed to the NLRC the Labor Arbiter's grant of the claim for the
amount of unsent money orders. The NLRC reversed and set side Labor Arbiter
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