subsistingsince Delos Santos was never signed off from the vessel and
repatriated to Manila, the point of hire, is untenable. With the view we
have of things, Delos Santos is deemed to have been signed off when he
acceded to a new employment arrangement offered by the respondent. A
seaman need not physically disembarked from a vessel at the expiration of
his employment contract to have such contract considered terminated. And
the repatriation aspect of the contract assumes significance only where the
vessel remains in a foreign port. For, repatriation presupposes a return to
ones country of origin or citizenship.[22] In the case at bar, however, there
can be quibbling that MV Wild Iris returned to the port of Cebu with Delos
Santos on board. Parenthetically, while the parties are agreed that their
underlying contract was executed in the country, the records do not
indicate what city or province of the Philippines is the specific point of hire.
While petitioner says it is Manila, she did not bother to attach to her
petition a copy of the contract of employment in question.
Petitioner next submits, echoing the NLRCs holding, that the POEAapproved contract remained in full force and effect even after the expiry
thereof owing to the interplay of the following circumstances: 1) Delos
Santos, after such contract expiration, did not conclude another contract of
employment with respondent, but was asked to remain and work on board
the same vessel just the same; and 2) If the parties intended their
employer-employee relationship to be under the aegis of a new contract,
such intention should have been embodied in a new agreement.
Contract extension or continuation by mutual consent appears to be
petitioners thesis.
We are not persuaded.
The fact that respondent retained Delos Santos and allowed him to
remain on board the vessel cannot plausibly be interpreted, in context, as
evidencing an intention on its part to continue with the POEA-SEC. In the
practical viewpoint, there could have been no sense in consenting to
renewal since the rationale for the execution of the POEA-approved
contract had already been served and achieved.