6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly 814 Phil. 1040 FIRST DIVISION [ G.R. No. 206890, July 31, 2017 ] EVIC HUMAN RESOURCE MANAGEMENT INC., FREE BULKERS S.A. AND/OR MA. VICTORIA C. NICOLAS, PETITIONERS, V. ROGELIO O. PANAHON, RESPONDENT. DECISION CAGUIOA, J: This petition for review on certiorari[1] assails the Decision[2] dated January 31, 2013 and Resolution[3] dated April 22, 2013 of the Court of Appeals (CA) in CA-G.R. SP No. 123369, which set aside the September 15, 2011 Decision[4] and November 21, 2011 Resolution[5] of the National Labor Relations Commission (NLRC); declared illegal respondent's dismissal; and ordered petitioners to pay respondent the unexpired portion of his employment contract and attorney's fees of ten percent (10%) of said award. Facts Petitioner Evic Human Resources (EVIC), for and in behalf of its foreign principal, petitioner Free Bulkers S.A. (Free Bulkers), hired respondent Rogelio Panahon as Chief Mate on board the vessel of M/V Free Lady for a period of six (6) months with a basic monthly salary of US$1,088.00.[6] On August 28, 2010, respondent boarded the vessel.[7] On September 24, 2010, respondent was repatriated to the Philippines without completing the contracted period of employment.[8] On September 28, 2010, respondent filed a Complaint for illegal dismissal with claims for moral and exemplary damages and attorney's fees against EVIC, Free Bulkers and Ma. Victoria Nicolas, the owner and President of EVIC (collectively referred as petitioners).[9] In his Position Paper,[10] respondent alleged that he has been a professional seafarer for thirty-one (31) years and Chief Mate for twenty-one (21) years. Since his initial deployment, he has diligently performed all his duties and responsibilities and has never been disciplined or dismissed. In August 2010, he boarded M/V Free Lady and during the voyage, the vessel's Captain Edgar A. Buton (Captain Buton) developed a hostile attitude towards him. Respondent averred that on September 7, 2010, he took a sip from the small flask of whisky given to him by one of the stevedores he dealt with and went to bed; but Captain Buton had him awakened and ordered him to make a report on some damages in the railings of the ship caused by the stevedores. When he elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63428 1/11