Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1982 > November 1982 Decisions > G.R. No. L-48196 November 2, 1982 - ROLANDO BAUTISTA v. NATIONAL SEAMEN BOARD, ET AL.

203 Phil. 469:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-48196. November 2, 1982.]

ROLANDO BAUTISTA and ANTHONY FERIDO, Petitioners, v. NATIONAL SEAMEN BOARD, WALLEM PHILIPPINES SHIPPING, INC., and GREG NACIONAL, Respondents.

Ignacio P. Lacsina, for Petitioners.

Ramon Mallari, Jr., for respondent Wallem Phil. Shipping.

SYNOPSIS


Petitioners Anthony Ferido and Rolando Bautista were hired by private respondent as carpenter and greaser, respectively, for a period of 15 month on the Norwegian ship M/V Mosfield Kristiansand. Petitioners’ Ship board Employment Contract stipulates, among others, that in the event of unforeseen circumstances, they may be dismissed upon 24 hours’ notice without prejudice to payment of wages up to the date of return in Manila. Petitioners were aware that as a general rule under Norwegian law, the hiring of Asians to complement Norwegian vessels was not allowed. Their employment was made possible only because the Norwegian Shipping Federation was able to enter into an agreement with the Norwegian Seamen’s Union that Asians may be hired on a provisional basis to complement the crew of Norwegian vessels subject to the conditions that the ships obtain dispensation to employ Asians to complement the Norwegian crew and that Norwegian sailors had no difficulty in locating employment for themselves. Subsequently, however, the dispensation to hire Asian crewmen was withdrawn because of surplus of unemployed Norwegian seamen’s who were fighting for the change of crew from Filipino to Norwegian. Petitioners were given notices of discharge and later on dismissed from employment despite the fact that Bautista’s contract had 5 months to go while Ferido’s had 13 more months. When petitioners arrived back in the Philippines, they filed a complaint for backwages and other monetary benefits witch they claimed had accrued from the time of the alleged illegal termination of their employment up to the expiration dates of their contracts. Respondent National Seamen Board dismissed the complaint.

On review , the Supreme Court held that it was, not grave abuse of discretion for tire public respondents to conclude that the unforeseen circumstances provided for in the Shipboard Employment Contract, which would justify termination of services upon 24 hours’ notice subject to the payment of wages up to the date of arrival in Manila, may include withdrawal of the dispensation that allowed non-Norwegians or Asians to complement the Norwegian crews of Norwegian vessels. The hiring of petitioners Bautista and Ferido, while for a period of 15 months, was subject to a condition or rider. When the condition happened, the employment was validly terminated.

Petition dismissed.


SYLLABUS


LABOR AND SOCIAL LEGISLATIONS; LABOR CODE; TERMINATION OF EMPLOYMENT; ILLEGAL DISMISSAL. NOT A CASE OF; TERMINATION OF EMPLOYMENT CONTRACTS VALID DUE TO HAPPENING OF CONDITION, WHICH IS THE WITHDRAWAL OF DISPENSATION ALLOWING NORWEGIAN VESSELS TO EMPLOY NON-NORWEGIANS OR ASIANS. — As pointed out public respondents, petitioners were aware when they entered in to the employment contracts that as a general rule under Norwegian law, the hiring of Asians to complement Norwegian vessels was not allowed. The employment of the petitioners on the M/V Mosfield Kristiansand was made possible only because the Norwegian Shipping Federation was able to enter into an agreement with the Norwegian Seamen’s Union that Asians may be hired on a provisional basis to complement the crew of Norwegian vessels but subjects to certain terms and conditions. . . . It was not grave abuse of discretion for the public respondents to conclude that Shipboard Employment Contract, which would justify termination of services upon 24 hours’ notice subject, of course, to the payment wages up to the date of arrival in Manila, may include withdrawal of the dispensation that allowed non- Norwegians or Asians to complement the Norwegians crews of Norwegian vessels. The hiring of Messrs. Bautista and Ferido, while for a period of 15 months, was subject to a condition or rider. When the condition happened, the employment was validly terminated in spite of the fact that Rolando Bautista’s contract had 5 months while Anthony Ferido’s contract had 13 months to go.


D E C I S I O N


GUTIERREZ, JR., J.:


The petitioners allege that the respondent National Seamen Board acted with grave abuse of discretion when it dismissed their complaint for backwages and other monetary benefits which they claimed had accrued from the time of the allegedly illegal termination of their employment up to the expiration dates of their contracts.

The background facts and the basis of the petitioners’ complaint are summarized in the May 30, 1977 decision of the secretariat of the National Seamen Board as follows:chanrobles.com : virtual law library

". . . Complainant Ferido was contracted by the respondent on 21 August 1975 as a carpenter on board the vessel M.V. Mosfield for a period of fifteen (15) months to take effect from date of departure in Manila with a monthly salary of US$278.00 including 26 hours as stipulated in Clause B ad in excess of 26 hours per month overtime will be paid at the rate of US$1.70 (Exh. D; Exh. 1). Complainant Ferido actually left the Philippines on August 29, 1975. On the other hand, complainant Rolando Bautista was contracted by the respondent on 9 December 1974 as a greaser on board the vessel M.V. Mosfield for a period of fifteen (15) months to commence from date of departure in Manila with a monthly salary of US$180.00, including 26 hours overtime per month and for work in excess of the working hours as stipulated in Clause B, and in excess of 26 hours per month overtime will be paid at the rate of US$1.13. Complainant Bautista actually left the Philippines on December 17, 1974 (Exh. A); complaint, (Exh. 2) Respondent. The complainants were signed off on October 21, 1975 at the Port of Rotterdam due to expiration of dispensation to sail with Filipino crew (Exh. F, Exh. I).

"Upon arrival of the complainants in the Philippines, they instituted the instant complaint alleging among others that on October 21, 1975, while the ship Board Employment contract was still in force and effective they were illegally and unceremoniously terminated with still five (5) months and thirteen (13) months of their contract still to be served allegedly due to the Expiration of the Norwegian shipping office crew complementation Dispensation, that the complainants in case of termination of ship Board Employment Contract are entitled to a reasonable notice of termination of employment which were not afforded to them; that the grounds given in terminating the complainants’ ship Board Employment Contract is not the (sic) one of those grounds listed in paragraph X thereof which shall constitute sufficient cause to terminate the same; that as a consequence of their illegal dismissal they encountered great difficulties and hardship in order to reach the Philippines and also had to spend their personal money; that complainants had some wage account due from respondent which they refused to give to them; that complainants are entitled to a daily subsistence allowance of US$8.14 each as well as food-allowance of US$2.50 and overtime pay which they failed to receive due to their illegal dismissal as a result of the breach of their contract of employment; that the acts of respondents in illegally terminating the complainants are violative of our laws as well as the provision of the New Constitution; that complainants be granted their salary from the date of their illegal termination as a result of the breach of their contract of employment and all the concomitant monetary benefits pertinent thereto and such other relief that is just and equitable under the premises."cralaw virtua1aw library

x       x       x


The decision of the secretariat which dismissed the complaint for lack of merit was raised to the respondent Board. On September 1, 1977, the Board affirmed the decision of the secretariat and dismissed the appeal. The petitioners now contend that the above decision was an act of grave abuse of discretion.

Whether or not the Norwegian principals of the private respondent suddenly, arbitrarily, and unlawfully terminated the petitioners’ services prior to the expiration of the stipulated period depends upon the interpretation to be given Clause E of Paragraph 5 of the Shipboard Employment Contract (Annex G) governing the petitioners’ employment. The clause reads:jgc:chanrobles.com.ph

"5) Clauses mentioned below will also make part of the present agreement: —

x       x       x


"E) After commencement of wages, should the Employer, through unforeseen circumstances not require the services of all or any of the undersigned ratings, the Employer may terminate the services of all or any individual with 24 hours’ notice, however, wages must be paid up to date of arrival back in Manila."cralaw virtua1aw library

A careful consideration of the records of this petition shows that it has no merit. The questioned decision was based on substantial evidence and the conclusions of the Board and its secretariat are not contrary to law or jurisprudence.

As pointed out by public respondents, the petitioners were aware when they entered into the employment contracts that as a general rule under Norwegian law, the hiring of Asians to complement Norwegian vessels was not allowed. The employment of the petitioners on the M/V Mosfield Kristiansand was made possible only because the Norwegian Shipping Federation was able to enter into an agreement with the Norwegian Seamen’s Union that Asians may be hired on a provisional basis to complement the crew of Norwegian vessels but subject to certain terms and conditions, among them being:jgc:chanrobles.com.ph

"‘This agreement comprises Norwegian ships manned with only East - Asian/native ratings, in the trading areas China — Australia — Persian Gulf — Japan — East Africa — with intermediate ports, and for occasional trips that ships in this trade must make to Europe/North-America/South America.

"‘It is presupposed that the ships have obtained dispensation to employ such ratings, and that there is no difficulty in finding employment for Norwegian sailors.’"

In addition to the shipboard employment contracts between each of the petitioners and the Wallem Philippines Shipping, Inc., recruiting agent for Mosvold Shipping Co. of Norway, the two petitioners also signed a contract authenticated by the Norwegian Consul General (Annex C) which contained at Item 32 entitled Special Conditions the following understanding:chanrobles virtual lawlibrary

"This seaman was signed on according to agreement reached between the Norwegian Shipping Federation and Norwegian Seamen’s Union with wages US$180.00 per month. O/TUS $1.13 per hour."cralaw virtua1aw library

The agreement between the Norwegian Shipping Federation and the Norwegian Seamen’s Union, therefore, formed part of the petitioners’ employment contracts. The petitioners were able to find work on a Norwegian vessel only because of the dispensation given to M/V Mosfield to employ Asians to complement the Norwegian crew and on the basis of a finding that Norwegian sailors had no difficulty in locating employment for themselves.

Sometime before October 21, 1975, the dispensation to hire Asian crewmen was withdrawn because of a surplus of unemployed Norwegian seamen who were fighting for the change of crew from Filipino to Norwegian. In fact, while the petitioners were on board the vessel on October 2, 1975 they were given memoranda by the ship captain which read:jgc:chanrobles.com.ph

"‘Due to the expiration of the Norwegian Shipping Office’s Crew Complementation Dispensation, you are hereby given notice of discharge from the M/V ‘Mosfield’ upon arrival Rotterdam on or about October 20th, 1975.’"

When the vessel reached Rotterdam in the Netherlands and the petitioners were dismissed from their employment, it cannot be said that their dismissal was illegal in spite of the fact that Rolando Bautista’s contract had 5 months while Anthony Ferido’s contract had 13 months to go.

It was not grave abuse of discretion for the public respondents to conclude that the unforeseen circumstances in Clause E, Paragraph 5 of the Shipboard Employment Contract, which would justify termination of services upon 24 hours’ notice subject, of course, to the payment of wages up to the date of arrival in Manila, may include withdrawal of the dispensation that allowed non-Norwegians or Asians to complement the Norwegian crews of Norwegian vessels. The hiring of Messrs’ Bautista and Ferido, while for a period of 15 months, was subject to a condition or rider. When the condition happened, the employment was validly terminated.chanrobles law library : red

WHEREFORE, the petition for certiorari is hereby dismissed for lack of merit.

SO ORDERED.

Melencio-Herrera, Plana, Vasquez and Relova, JJ., concur.

Teehankee (Chairman), J., is on leave.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






November-1982 Jurisprudence                 

  • A.M. No. P-2221 November 2, 1982 - CIPRIANO ABENOJAR v. DOMINGO LOPEZ

    203 Phil. 385

  • A.M. No. 2739-CFI November 2, 1982 - TERESITA DE CASTRO v. IGNACIO CAPULONG

    203 Phil. 390

  • G.R. No. L-27152 November 2, 1982 - PEOPLE OF THE PHIL. v. LUIS E. TORIO, ET AL.

    203 Phil. 398

  • G.R. No. L-34079 November 2, 1982 - REPUBLIC OF THE PHIL. v. RAFAEL DE LA CRUZ, ET AL.

    203 Phil. 402

  • G.R. No. L-34517 November 2, 1982 - PEOPLE OF THE PHIL. v. SlMEON GANUT

    203 Phil. 421

  • G.R. No. L-39518 November 2, 1982 - AGRICULTURAL & INDUSTRIAL MARKETING, INC., ET AL. v. COURT OF APPEALS, ET AL.

    203 Phil. 436

  • G.R. No. L-44039 November 2, 1982 - ROLANDO A. DATUIN v. COURT OF APPEALS, ET AL.

    203 Phil. 442

  • G.R. No. L-47460 November 2, 1982 - AMELIA DELEGENTE v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

    203 Phil. 447

  • G.R. No. L-48196 November 2, 1982 - ROLANDO BAUTISTA v. NATIONAL SEAMEN BOARD, ET AL.

    203 Phil. 469

  • G.R. No. L-50298 November 2, 1982 - JOSEPH Y. PUNAY v. JOSE R. RAMOLETE, ET AL.

    203 Phil. 475

  • G.R. No. L-50358 November 2, 1982 - SHIPSIDE, INCORPORATED v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

    203 Phil. 481

  • G.R. No. L-52823 November 2, 1982 - PHILIPPINE NATIONAL BANK v. MIDPANTAO ADIL, ET AL.

    203 Phil. 492

  • G.R. No. L-53465 November 2, 1982 - ANTONIO NITURA v. JOSE C. COLAYCO, ET AL.

    203 Phil. 503

  • G.R. No. L-54439 November 2, 1982 - PEOPLE Of THE PHIL. v. JESUS N. MONTEZ

    203 Phil. 508

  • G.R. No. L-55645 November 2, 1982 - RICARDO CENIZA v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

    203 Phil. 521

  • G.R. No. L-56909 November 2, 1982 - FLORENCIA B. SAN VALENTIN v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

    203 Phil. 534

  • G.R. No. L-58578 November 2, 1982 - JOSE GEROMO v. COMMISSION ON ELECTIONS, ET AL.

    203 Phil. 539

  • G.R. No. L-59054 November 2, 1982 - PEOPLE OF THE PHIL. v. MUSTAPA ALIBASA, ET AL.

    203 Phil. 559

  • G.R. No. L-34597 November 5, 1982 - ROSITO Z. BACARRO, ET AL. v. GERUNDIO B. CASTAÑO, ET AL.

    203 Phil. 563

  • G.R. No. L-36033 November 5, 1982 - IN RE: APOLONIO TABOADA v. AVELINO S. ROSAL, ET AL.

    203 Phil. 572

  • G.R. No. L-61870 November 5, 1982 - PEOPLE OF THE PHIL. v. CONSTANTINO D. PERALTA

    203 Phil. 580

  • G.R. No. L-49004 November 10, 1982 - NG LIT v. FRANCISCO R. LLAMAS, ET AL.

    203 Phil. 592

  • A.M. No. 702-CTJ November 15, 1982 - ELISA VDA. DE OCHOA, ET AL. v. GERINO M. TOLENTINO

    203 Phil. 600

  • G.R. No. L-26325 November 15, 1982 - PACWELD STEEL CORPORATION v. ASIA STEEL CORPORATION

    203 Phil. 606

  • G.R. No. L-31366 November 15, 1982 - ASIAN SURETY AND INSURANCE CO., INC. v. ISLAND STEEL, INC., ET AL.

    203 Phil. 611

  • G.R. No. L-34834 November 15, 1982 - ARTURO H. TROCIO v. LUIS D. MANTA, ET AL.

  • G.R. No. L-39258 November 15, 1982 - RAYMUNDO A. ARMOVIT, ET AL. v. AMANTE P. PURISIMA, ET AL.

    203 Phil. 625

  • G.R. No. L-42540 November 15, 1982 - VICTOR NEPOMUCENO, ET AL. v. JUAN B. MONTECILLO, ET AL.

    203 Phil. 632

  • G.R. No. L-52325 November 15, 1982 - CANLUBANG SUGAR ESTATE v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

    203 Phil. 639

  • G.R. No. L-53060 November 15, 1982 - ROSARIO T. MAMERTO, ET AL. v. AMADO G. INCIONG, ET AL.

    203 Phil. 644

  • G.R. No. 55771 November 15, 1982 - TAHANAN DEVELOPMENT CORPORATION v. COURT OF APPEALS, ET AL.

    203 Phil. 652

  • G.R. No. L-56479 November 15, 1982 - SOCORRO L. VDA. DE STA. ROMANA v. PHILIPPINE COMMERCIAL AND INDUSTRIAL BANK, ET AL.

    203 Phil. 708

  • G.R. Nos. L-56695-98 November 15, 1982 - PEOPLE OF THE PHIL. v. GIBSON A. ARAULA, ET AL.

    203 Phil. 719

  • G.R. No. L-61663 November 15, 1982 - PEOPLE OF THE PHIL. v. WILFREDO L. REGLOS, ET AL.

    203 Phil. 724

  • G.R. No. L-61997 November 15, 1982 - REPUBLIC OF THE PHIL., ET AL. v. ELFREN PARTISALA, ET AL.

    203 Phil. 750

  • A.C. No. 641 November 19, 1982 - FRANCISCO RADOMES v. FERNANDO FABRIGARAS

    204 Phil. 1

  • A.C. No. 1675 November 19, 1982 - BELEN A. RIVERA v. ORLANDO LATONERO

    204 Phil. 4

  • A.M. No. P-1935 November 19, 1982 - BENJAMIN DAAG v. HONORIO SERRANO

    204 Phil. 9

  • G.R. No. L-30690 November 19, 1982 - BF HOMES, INC. v. COURT OF APPEALS, ET AL.

    204 Phil. 15

  • G.R. No. L-30854 November 19, 1982 - PHILIPPINE NATIONAL RAILWAYS v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

    204 Phil. 21

  • G.R. No. L-34362 November 19, 1982 - MODESTA CALIMLIM, ET AL. v. PEDRO A. RAMIREZ, ET AL.

    204 Phil.25cralaw:red

  • G.R. No. L-35718 November 19, 1982 - REPUBLIC OF THE PHIL., ET AL. v. COURT OF APPEALS, ET AL.

    204 Phil. 38

  • G.R. No. L-37712 November 19, 1982 - PEOPLE OF THE PHIL. v. ERNESTO SYQUIOCO

    204 Phil. 42

  • G.R. No. L-38258 November 19, 1982 - LAKAS NG MANGGAGAWANG MAKABAYAN v. MARCELO ENTERPRISES, ET AL.

    204 Phil. 50

  • G.R. No. L-39503 November 19, 1982 - PEOPLE OF THE PHIL. v. LUCRESIO CARDENAS

    204 Phil. 88

  • G.R. No. L-39528 November 19, 1982 - PEOPLE OF THE PHIL. v. JIMMY MONAGA, ET AL.

    204 Phil. 98

  • G.R. No. L-44686 November 19, 1982 - MACARIO MANUEL, ET AL. v. COURT OF APPEALS, ET AL.

    204 Phil. 110

  • G.R. No. L-44817 November 19, 1982 - LEA PAZ TUAZON v. COURT OF APPEALS, ET AL.

    204 Phil. 117

  • G.R. No. L-46729 November 19, 1982 - LAUSAN AYOG, ET AL. v. VICENTE N. CUSI, JR., ET AL.

  • G.R. No. L-49140 November 19, 1982 - QUASHA ASPERILLA ANCHETA VALMONTE PEÑA & MARCOS v. CELESTINO P. JUAN, ET AL.

    204 Phil. 141

  • G.R. No. L-54158 November 19, 1982 - PAGASA INDUSTRIAL CORPORATION v. COURT OF APPEALS, ET AL.

    204 Phil. 162

  • G.R. No. L-55079 November 19, 1982 - METROPOLITAN BANK and TRUST COMPANY v. FIRST NATIONAL CITY BANK, ET AL.

    204 Phil. 172

  • G.R. No. L-55539 November 19, 1982 - DIOSA DE LEON v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

    204 Phil. 180

  • G.R. No. L-55624 November 19, 1982 - BAGUIO COUNTRY CLUB CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

    204 Phil. 194

  • G.R. No. L-56761 November 19, 1982 - MARIANO TOLEDO, ET AL. v. BERNARDO P. PARDO, ET AL.

    204 Phil. 203

  • G.R. No. L-57170 November 19, 1982 - KO BU LIN v. COURT OF APPEALS, ET AL.

    204 Phil. 211

  • G.R. No. L-57440 November 19, 1982 - D. D. COMENDADOR CONSTRUCTION CORPORATION v. MARCELINO N. SAYO, ET AL.

    204 Phil. 227

  • G.R. Nos. L-57477-78 November 19, 1982 - HEIRS OF WILLIAM SEVILLA, ET AL. v. DIMALANES B. BUISSAN, ET AL.

    204 Phil. 237

  • G.R. No. L-57707 November 19, 1982 - PHILEX MINING CORPORATION v. DOMINGO CORONEL REYES, ET AL.

    204 Phil. 241

  • G.R. No. L-58506 November 19, 1982 - PEOPLE OF THE PHIL. v. NILO DE JESUS, ET AL.

    204 Phil. 247

  • G.R. No. L-59463 November 19, 1982 - PROVINCE OF NUEVA ECIJA v. IMPERIAL MINING COMPANY, INC.

    204 Phil. 262

  • G.R. No. L-59596 November 19, 1982 - NATIONAL MINES AND ALLIED WORKERS’ UNION, ET AL. v. NLRC, ET AL.

    204 Phil. 268

  • G.R. No. L-60950 November 19, 1982 - J.D. MAGPAYO CUSTOMS BROKERAGE CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

    204 Phil. 276

  • A.M. No. P-292 November 25, 1982 - ISIDRO G. ARENAS v. MANUEL RESULTAN, SR.

    204 Phil. 279

  • A.C. No. 2662-CFI November 26, 1982 - FLAVIANO A. PELMOKA v. FELIX T. DIAZ, JR.

    204 Phil. 283

  • G.R. No. L-30391 November 25, 1982 - ASSOCIATED SUGAR, INC., ET AL. v. COMMISSIONER OF CUSTOMS, ET AL.

    204 Phil. 289

  • G.R. No. L-35630 November 25, 1982 - PHILIPPINE RABBIT BUS LINES, INC. v. GALAURAN & PILARES CONSTRUCTION CO., ET AL.

    204 Phil. 296

  • G.R. No. L-35757 November 25, 1982 - LUCIA LUSUNG v. SUSANA VDA. DE SANTOS

    204 Phil. 302

  • G.R. No. L-36364 November 25, 1982 - PEOPLE OF THE PHIL. v. JUANITO DASCIL, ET AL.

    204 Phil. 309

  • G.R. No. L-38423 November 25, 1982 - PEOPLE OF THE PHIL. v. SAMUEL PIMENTEL

    204 Phil. 327

  • G.R. No. L-38449 November 25, 1982 - PEOPLE OF THE PHIL. v. DOMINADOR MANZANO

    204 Phil. 339

  • G.R. No. L-50548 November 25, 1982 - CONCHING ALVARO, ET AL. v. HOSPICIO ZAPATA, ET AL.

    204 Phil. 356

  • G.R. No. L-56025 November 25, 1982 - REPUBLIC OF THE PHIL. v. ARSENIO M. GONONG, ET AL.

    204 Phil. 364

  • G.R. Nos. L-56224-26 November 25, 1982 - PURISIMA GESTOSO CRUZ v. COURT OF APPEALS, ET AL.

    204 Phil. 372

  • G.R. Nos. L-61067-68 November 25, 1982 - MITSUI & CO., LTD. v. MANUEL G. ABELLO, ET AL.

    204 Phil. 384

  • G.R. No. L-33724 November 29, 1982 - ELIGIA BATBATAN. v. OFFICE OF THE LOCAL CIVIL REGISTRAR OF PAGADIAN, ET AL.

    204 Phil. 379