G. R. No. 179177
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm
Algosaibi Diving & Marine Services.
[5]
The present petition originated from a Complaint
for the payment of
disability/medical benefits, sickness leave pay, reimbursement of medical and
[6]
hospitalization expenses and attorneys fees filed by petitioner Nisda against Nobel Ship
[7]
Services, Inc. (Nobel), Annabel G. Guerrero
(Guerrero), and Khalifa A. Algosaibi
Diving & Marine Services Company (respondent ADAMS).
Nobel is a corporation organized and existing under Philippine Laws. It used to be
the representative in the Philippines and manning agent of respondent ADAMS, a foreign
company based in the Kingdom of Saudi Arabia and engaged in maritime commerce.
[8]
In a contract of employment,
denominated as the Philippine Overseas
Employment Administration (POEA)Standard Employment Contract (SEC), dated 7
August 2001, petitioner Nisda was hired by ADAMS, through its manning agent, Nobel, as
Tugboat Master on M/V Algosaibi-21. Petitioner Nisdas employment was to run for a
[9]
period of [six] 6 months continuation of [three] 3 months remaining, on board the M/V
Algosaibi-21, under the following terms and conditions approved by the POEA:
1.1 Duration of Contract: 6 MONTHS Continuation of 3 Months remaining
1.2 Position: MASTER (TUG)
1.3 Basic Monthly Salary: USD1,437.00
1.4 Hours of Work: 48 HOURS/WEEK
1.5 Overtime: FOT 431 (MAX.O.T. 105 HRS/MONTHS)
1.6 Vacation Leave with Pay: USD120.00
1.7 Point of Hire: QUEZON CITY, PHILIPPINES
Deemed incorporated in petitioner Nisdas POEA-SEC is a set of standard provisions
established and implemented by the POEA, called the Amended Standard Terms and
Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going
[10]
Vessels,
which are the minimum requirements acceptable to the government for the
employment of Filipino seafarers.
Petitioner Nisda joined the vessel M/V Algosaibi-21 on 22 August 2001 at the port of
Rastanura, Kingdom of Saudi Arabia.
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