employment of Delos Santos is within the Philippines, and not on a foreign shore.
As correctly pointed out by [respondent], the provisions of the Labor Code shall
govern their employer-employee relationship. xxx. (Words in bracket added.)
The Court agrees with the conclusion of the Court of Appeals for two
(2) main reasons. First, we the start with something elementary, i.e., POEA
was created primarily to undertake a systematic program for overseas
employment of Filipino workers and to protect their rights to fair and
equitable employment practices.[16] And to ensure that overseas workers,
including seafarers on board ocean-going vessels, are amply protected, the
POEA is authorized to formulate employment standards in accordance with
welfare objectives of the overseas employment program.[17] Given this
consideration, the Court is at a loss to understand why the POEA-SEC
should be made to continue to apply to domestic employment, as here,
involving a Filipino seaman on board an inter-island vessel.
Just as basic as the first reason is the fact that Delos Santos POEAapproved employment contract was for a definite term of one (1) month
only, doubtless fixed to coincide with the pre-determined one-month long
Philippines-Japan-Philippines conduction-voyage run. After the lapse of the
said period, his employment under the POEA-approved contract may be
deemed as functus oficio and Delos Santos employment pursuant thereto
considered automatically terminated, there being no mutually-agreed
renewal or extension of the expired contract.[18] This is as it should be. For,
as we have held in the landmark case of Millares v. National Labor
Relations Commission:[19]
From
the
foregoing
cases,
it
is
clear
that seafarers
are considered contractual employees. Their employment is governed by the
contracts they sign every time they are rehired and their employment is terminated
when the contract expires. Their employment is contractually fixed for a certain
period of time. They fall under the exception of Article 280 [of the Labor Code]
whose employment has been fixed for a specific project or undertaking . . . We
need not depart from the rulings of the Court in the two aforementioned cases
which indeed constitute stare decisis with respect to the employment status of
seafarers. (Underscoring and words in bracket added)
Petitioners posture, citing Section 2 (A)[20] in relation to Section
18[21] of the POEA-SEC about the POEA approved contract still