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    MARSAMAN MANNING AGENCY v. NLRC - Bonifacio

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    (1) Cajeras was hired as Chief Cook Steward on a ship for 10 months at $600 per month. He was repatriated back to the Philippines after less than 2 months, with his records stating it was by "mutual consent", which he disputed. (2) The court found that the petitioners did not provide proper documentation to prove the termination was by mutual consent as required. Cajeras was therefore illegally dismissed. (3) As his contract was less than a year, Cajeras was entitled to his full salaries for the unexpired portion of the contract, which was $5,100, plus reimbursement of his placement fee with 12% annual interest.

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    MARSAMAN MANNING AGENCY v. NLRC - Bonifacio

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    anjbonifacio
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    (1) Cajeras was hired as Chief Cook Steward on a ship for 10 months at $600 per month. He was repatriated back to the Philippines after less than 2 months, with his records stating it was by "mutual consent", which he disputed. (2) The court found that the petitioners did not provide proper documentation to prove the termination was by mutual consent as required. Cajeras was therefore illegally dismissed. (3) As his contract was less than a year, Cajeras was entitled to his full salaries for the unexpired portion of the contract, which was $5,100, plus reimbursement of his placement fee with 12% annual interest.

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    (1) Cajeras was hired as Chief Cook Steward on a ship for 10 months at $600 per month. He was repatriated back to the Philippines after less than 2 months, with his records stating it was by "mutual consent", which he disputed. (2) The court found that the petitioners did not provide proper documentation to prove the termination was by mutual consent as required. Cajeras was therefore illegally dismissed. (3) As his contract was less than a year, Cajeras was entitled to his full salaries for the unexpired portion of the contract, which was $5,100, plus reimbursement of his placement fee with 12% annual interest.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    1K views1 page

    MARSAMAN MANNING AGENCY v. NLRC - Bonifacio

    Uploaded by

    anjbonifacio
    (1) Cajeras was hired as Chief Cook Steward on a ship for 10 months at $600 per month. He was repatriated back to the Philippines after less than 2 months, with his records stating it was by "mutual consent", which he disputed. (2) The court found that the petitioners did not provide proper documentation to prove the termination was by mutual consent as required. Cajeras was therefore illegally dismissed. (3) As his contract was less than a year, Cajeras was entitled to his full salaries for the unexpired portion of the contract, which was $5,100, plus reimbursement of his placement fee with 12% annual interest.

    Copyright:

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    of 1

    MARSAMAN MANNING AGENCY, INC., ET AL. vs.

    NLRC
    G.R. No. 127195, August 25, 1999
    BELLOSILLO, J.

    FACTS: Cajeras was hired by Marsaman, local manning agent of Diamantides, as Chief Cook
    Steward on the MV Prigipos, for a contract period of 10 months with a monthly salary of
    US$600.00. Cajeras started work on 8 August 1995 but less than 2 months later, or on 28
    September 1995, he was repatriated to the Philippines.

    Cajeras alleged that he was assigned not only as Chief Cook Steward but also as assistant
    cook and messman and performed various inventory and requisition jobs. Because of his
    additional assignments he began to feel sick and requested for medical attention. After the
    ship's arrival at Holland, he was examined at the Medical Center for Seamen by Dr. Hoed, who
    neither apprised Cajeras about the diagnosis nor issued the requested medical certificate
    allegedly because he himself would forward the results to Cajeras' superiors. Upon returning to
    the vessel, Cajeras was ordered to prepare for immediate repatriation the following day. He was
    handed his Seaman's Service Record Book with the entry: "Cause of discharge — Mutual
    Consent" to which Cajeras promptly objected. After his arrival in Manila, Cajeras complained to
    Marsaman but to no avail. The Labor Arbiter resolved the dispute in favor of Cajeras ruling that
    the latter's discharge allegedly by "mutual consent" was not proved by convincing evidence.
    NLRC affirmed the appealed findings and conclusions. Petitioners' motion for reconsideration
    was likewise denied.

    ISSUES: (1) Whether or not Cajeras was illegally dismissed; (2) What is the amount of salaries
    due him?

    HELD: (1) Petitioners covenanted strict and faithful compliance with the terms and conditions of
    the Standard Employment Contract approved by POEA/DOLE which provides that the
    employment of a Filipino seaman may be terminated prior to the expiration of the stipulated
    period provided that the master and the seaman (a) mutually consent thereto and (b) reduce
    their consent in writing. Petitioners fell short of the requirement. No document exists whereby
    the alleged "mutual consent" was reduced to writing. The vessel's Deck Log wherein an entry
    made by Capt. Alekos purported to show that Cajeras himself asked for his repatriation has no
    evidentiary value. It is a unilateral act denied by Cajeras and the entry in no way satisfies the
    bilateral documentation to prove early termination of an overseas employment contract by
    mutual consent as required by the Standard Employment Contract.

    (2) On the amount of salaries due Cajeras, Sec. 10 of RA 8042 provides that an illegally
    dismissed overseas contract worker shall be entitled to the full reimbursement of his placement
    fee with interest at 12% per annum, plus his salaries for the unexpired portion of the
    employment contract or for 3 months for every year of the unexpired term whichever is less.

    Petitioners insist that Cajeras is entitled only to salaries for 3 months pursuant to the last portion
    of Sec. 10 as opposed to the salaries for 8.6 months awarded by the Labor Arbiter and affirmed
    by the NLRC. However, the choice of which amount to award an illegally dismissed overseas
    contract worker, i.e., whether his salaries for the unexpired portion of his employment contract
    or 3 months' salary for every year of the unexpired term, whichever is less, comes into play only
    when the employment contract concerned has a term of at least 1 year or more. Therefore,
    petitioners should pay Cajeras his salaries for the unexpired portion of his employment contract
    or USD$5,100.00 and reimburse the latter's placement fee with 12% interest per annum
    conformably with Sec. 10 of RA 8042.

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