Singa-Ship Mgmt Phil Inc vs NLRC : 120276 : July 24, 1997 : J. Puno ... http://sc.judiciary.gov.ph/jurisprudence/1997/jul1997/120276.htm of money: "1. U.S.$3,232.00 or its peso equivalent at the time of payment representing agency and replacement cost; 2. U.S.$18,287.14 or its peso equivalent at the time of payment representing off-hire expenses; 3. Ten per cent (10%) of the total award as and for attorney's fees."[5] Private respondent filed an "Answer with Compulsory Counterclaim" and alleged that it was the ship captain who abused his authority and violated the terms of the employment contract; that the master himself, contrary to ship rules and regulations, compelled private respondent to operate the radio equipment for his (the master's) personal whims and caprices; that the captain malversed the ship's funds and slashed the food budget starving the entire crew for several days in the high seas; that he also eliminated their transportation fees to and from the shore and such other privileges; that the master harbored ill-feelings against private respondent after the latter led his crewmates in informing him of their sentiments; and that after private respondent left the ship, he refused to return his clothes and pay his salary and leave pay. By way of counterclaim, private respondent prayed for: "1) U.S.$1,354.33 representing unpaid leave pay; 2) U.S.$612.00 representing unpaid allotment for July 1989; 3) U.S.$497.25 representing unpaid shipboard pay for July 1989; 4) Unexpired portion of his contract equivalent to two (2) months, more or less (August and September 1989); 5) Moral and exemplary damages in such amount as this Honorable Office may deem appropriate, and 6) Attorney's fees in such amount as this Office may fix."[6] The POEA rendered a decision on October 24, 1991 finding that private respondent voluntarily resigned from his employment and was awarded U.S.$2,463.58 for unpaid leave, allotment and shipboard pay. At the same time, the POEA awarded petitioner U.S.$3,232.00 as reimbursement for replacement costs. The POEA ordered that: "WHEREFORE, premises considered, respondent WINEFREDO Z. SUA is hereby ordered to pay to complainant SINGA SHIP MANAGEMENT PHILIPPINES the amount of THREE THOUSAND TWO HUNDRED THIRTY TWO U.S. DOLLARS (U.S.$3,232.00) representing costs of his repatriation or its peso equivalent at the time of payment. Meanwhile, respondent is hereby given a stern warning not to commit the same offense, otherwise, the corresponding disciplinary action will be imposed against him. On the other hand, SINGA SHIP MANAGEMENT PHILIPPINES is hereby ordered to pay WINEFREDO Z. SUA the amount of TWO THOUSAND FOUR HUNDRED SIXTY THREE U.S. DOLLARS and 58/100 (U.S.$2,463.58) representing unpaid shipboard pay, unpaid allotment to the month of July 1989 inclusive of peave pay or its peso equivalent at the time of payment. Considering further that Singa Ship Management Philippines is awarded the amount of U.S.$3,232.00 and Winefredo A. Sua the amount of U.S.$2,463.58 said amount shall be offset. Hence WINEFREDO Z. SUA is ordered and directed to pay the SINGA SHIP MANAGEMENT PHILIPPINES the amount of U.S.$768.42 or its peso equivalent at the time of payment representing the difference of the offset amount in favor of Singa. All other claims of both parties are dismissed for lack of merit."[7] 2 of 5 1/24/2016 9:37 PM