output are in keeping with the Zero Backlog Project of the Court. Suffice it to state that
aside from its sentiment that this unusual, extraordinary haste raises suspicion,
petitioner was not able to present any concrete evidence of irregularity.
Second. Petitioner contends that the appellate court totally disregarded factual
findings of the Labor Arbiter and the NLRC which allegedly are supported by substantial
evidence. The factual findings[23] which are relevant to the issues raised are: 1) Arbit
resigned due to inadequate food provisions; 2) Arbit sought medical attention from
hospitals other than those accredited by petitioner in violation of the latters advice to
transfer Arbit to the Metropolitan Hospital; and, 3) Arbit misrepresented his true medical
condition and employment history. These issues shall be resolved in the succeeding
discussions.
Third. Petitioner argues that the NLRC did not abuse its discretion when it denied
Arbit of repatriation cost. The NLRC applied Section 18(B)[3] of the POEA Standard
Employment Contract[24] (Contract), viz:
SECTION 18. TERMINATION OF EMPLOYMENT
xxx
B. The employment of the seafarer is also terminated when the seafarer arrives at the
point of hire for any of the following reasons:
xxx
3. when the seafarer, in writing, voluntarily resigns and signs-off prior to
expiration of contract pursuant to Section 19(G) of this Contract.
xxx
Section 19(G) states:
Section 19. REPATRIATION
xxx
G. A seafarer who requests for early termination of his contract shall be liable for his
repatriation cost as well as the transportation cost of his replacement. x x x.
Finding that Arbit signed-off and disembarked due to poor food provisions and gross
negligence,[25] the NLRC denied reimbursement of the cost of repatriation pursuant to
Section 19(G) of the Contract.
The Court of Appeals found otherwise and applied Section 18(B)[1] of the
Contract, viz.:
SECTION 18. TERMINATION OF EMPLOYMENT