Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1991 > September 1991 Decisions > G.R. No. 78700 September 3, 1991 - ALL OCEANS MARITIME AGENCY, INC., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 78700. September 3, 1991.]

ALL OCEANS MARITIME AGENCY, INC. and GOLDEN PEAK MARITIME AGENCY, LDT., Petitioners, v. NATIONAL LABOR RELATIONS COMMISSION, PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION, and REGULO BONGOYAN, Respondents.

F. M. Natividad & Associates for petitioners.


SYLLABUS


1. LABOR AND SOCIAL LEGISLATION; EMPLOYEE’S UNPAID SALARY; NOT ANSWERABLE FOR COMPANY’S CREW PROVISION. — The analysis of the accountant of the company fails to take account of the fact, already adverted to, that Bongoyan had made no drawings for crew provisions for November, 1980 and had applied thereto the funds allotted for the succeeding month of December. The accountant acknowledges that Bongoyan could be charged with having only "one (1) month overpaid Crew Provisions." Now, it is a fact that during Bongoyan’s stint as ship master, All Oceans has not actually expended any funds to meet the cost of crew provisions for one month — i.e., the provisions for November, 1980, already consumed when Bongoyan took over as ship master in the first days of that month; and Bongoyan has used the funds for December, 1980 to meet the cost of said November provisions. Since it was indisputably All Oceans’ responsibility to defray the cost of the November provisions, and that it was not in any sense Bongoyan’s obligation to shoulder that cost personally, it follows that Bongoyan cannot be made answerable therefor.


D E C I S I O N


NARVASA, J.:


All Oceans Maritime Agency, Inc. engaged the services of Regulo Bongoyan as master of the vessel Sarpindo Pribumi 1 for a period of twelve (12) months at a monthly salary of US $1,430.00. Bongoyan took command of the ship on November 4, 1980 and disembarked on December 8, 1981 after serving out the stipulated term of service.chanrobles law library : red

Some eight months later, in August, 1982, Bongoyan filed with the Philippine Overseas Employment Administration (POEA) a complaint seeking recovery from All Oceans Maritime Agency, Inc. (hereafter, simply All Oceans) of US $3,749.65, allegedly representing his unpaid salaries, overtime pay, annual leave pay and home leave pay. In defense, All Oceans asserted that Bongoyan, while serving as master of the Sarpindo Pribumi, had made unauthorized drawings on the funds intended for crew provisions then under his control, in the aggregate sum of US $6,107.59. It averred that on these overdrawings, Bongoyan had subsequently made partial payment of US $1,250.00; that adding to this amount Bongoyan’s claim of US $3,749.65 and setting off the aggregate sum (of $4,999.65) against his unauthorized drawings of US $6,107.59, there was still a balance due and owing from him in the amount of US $1,107.94.

In its Decision, the POEA declared that Bongoyan had indeed made unauthorized drawings, but ruled that All Oceans was estopped from holding him responsible therefor since it had acquiesced to those drawings, its acquiescence being implicit from the fact that with knowledge thereof, it had allowed the overdrawings to go on for months without objection. The POEA thus ordered All Oceans to pay to Bongoyan the amount claimed, US $3,749 35, 2 or its peso equivalent at current rate of exchange.

All Oceans appealed to the National Labor Relations Commission. The latter affirmed the POEA decision. While declining to sustain the latter’s conclusion that estoppel lay against All Oceans because the evidence showed that it had in fact questioned the advances made by Bongoyan to himself against the funds for crew provisions, it nevertheless held that Bongoyan could not be made accountable therefor because "there is doubt as to the actual liability for overpayment . . ." arising from the fact that Bongoyan had not charged for crew provisions for June, 1981; that Bongoyan had turned over to his successor, Capt. Choco, the sum of US $523.86 representing the balance of the fund for provisions for December, 1981; and that when Bongoyan had taken over the vessel in November, 1980, the provisions for that month had already been consumed by the master preceding him. On these premises, the Commission refused to set-off the conflicting claims since, according to it, under Article 1279 of the Civil Code, such a set-off or compensation could take place only when the debts involved were demandable and liquidated or certain.chanrobles virtual lawlibrary

All Oceans claims that in so ruling, the Commission had gravely abused its discretion for which reason it now asks this Court to nullify that ruling.

As established by the evidence, the shipmaster of the Sarpindo Pribumi had the function, among others, of providing the crew with monthly food provisions or meal allowances, and that for this purpose, the practice was for the shipmaster to draw funds every month from banks in several ports in which accounts were maintained by All Oceans or its principal. 3 And at the end of each month, it was the shipmaster’s duty to submit to All Oceans’ Manila Office a statement of account containing a breakdown of the disposition of the funds thus drawn for the crew’s individual meal allowances corresponding to said month.

Now, when Bongoyan assumed command of the Sarpindo Pribumi on November 4, 1980, he discovered that the crew provisions for the crew’s meal allowances for November had already been consumed. To provide for the individual meal allowances of the crew for that month of November, what Bongoyan did was to apply to that purpose the funds for meal allowances that should otherwise have corresponded to the succeeding month of December. To provide crew meal allowances for December, he drew against the funds for January; to provide meal allowances for January, he drew against the funds for February. In other words, in new of the absence of provisions for November, 1980, Bongoyan adopted what may be called the "advance-payment" mode of providing crew meal allowances instead of the orthodox "current-month" system. This pattern of "advance-payment" drawing against the succeeding month’s provisions went on until March, 1981. In April, 1981, Bongoyan withdrew funds corresponding to the months of May and June, 1981, but (as observed by the NLRC, supra) made no payment for provisions in June, 1981. In July, 1981, Bongoyan erroneously labeled his payment of provisions therefor as for "AUGUST 1981," but later corrected this in his August report to read "JULY." In the succeeding months, however, he shifted back to the "advance-payment method." Thus, at the end of his term of service in December, 1981, his report showed advance payment for "JANUARY 1982" with the following footnote: "Advance provision allowance one (1) month provision shortage when I took over command from previous master. This was reported in my letter dated 6 Nov. 1980." 4

All Oceans claims there was misappropriation on the part of Bongoyan in that —

1) he drew funds for crew provisions twice for the month of June, 1981; and

2) he collected the whole allocation for the month of December, 1981 despite the fact that he served as ship master only up to 8th of that month,

and as a result, it had suffered prejudice in the total amount of US $6,107.59.

The first alleged act of misappropriation by Bongoyan is described by All Oceans’ accountant in the following manner: 5

"1) In his APRIL 1981 Statement of Crew Provisions, he paid out in advance for account of the Principal the months of MAY and JUNE, 1981. Normally, it should be the current month which is the month of APRIL/81 that should be paid-out (debited) in his statement of account. Please note that APRIL/81 Provision was also paid out from his MARCH 1981 statement of accounts. It, therefore, clearly showed that he had paid in advance the months of MAY & JUNE/81. . . .

2) In his MAY, 1981 statement of Accounts, he again paid out the month of JUNE, 1981. Since in his APRIL, 1981 statement he already paid-out the month of JUNE, 1981, he had therefore committed at the expense of his Principal the double payment of Crew Provisions for the month of JUNE, 1981. The Crew Provision for the month of MAY/81 also paid in advance in his APRIL/81 statement automatically applied for this month (MAY/81). . . .

3) To heed the Owner’s advise, he did not paid-out (sic) any Crew Provision in his statement for the month of JUNE/81 thereby offsetting one (1) month from his two months discrepancies. On account of this, he now only have one (1) month overpaid Crew Provisions for JUNE/81 (sic). . . ."cralaw virtua1aw library

The trouble with this analysis of the accountant is that it fails to take account of the fact already adverted to that Bongoyan had made no drawings for crew provisions for November, 1980 and had applied thereto the funds allotted for the succeeding month of December. The accountant acknowledges that Bongoyan could be charged with having only "one (1) month overpaid Crew Provisions." Now, it is a fact that during Bongoyan’s stint as ship master. All Oceans had not actually expended any funds to meet the cost of crew provisions for one month — i.e., the provisions for November, 1980, already consumed when Bongoyan took over as ship master in the first days of that month; and Bongoyan had used the funds for December, 1980 to meet the cost of said November provisions. Since it was indisputably All Oceans’ responsibility to defray the cost of the November provisions, and that it was not in any sense Bongoyan’s obligation to shoulder that cost personally, it follows that Bongoyan cannot be made answerable therefor.chanrobles law library

In truth, as a study of Bongoyan’s accounts shows, Bongoyan was in command of All Ocean’s vessel for exactly fourteen (14) months, and the number of his monthly drawings exactly corresponds thereto, fourteen.

That private respondent drew funds for crew provisions for the full month of December, 1981 despite the fact that he ended his service as ship master on the 8th day of that month, is a matter of record. It was his duty therefore to account for those funds for crew provisions for the entire month, not only for the amount pertinent to December 1 to 8, 1981 but also for what may be deemed the excess amount corresponding to the period from December 9 to 31, 1981 — claimed by All Oceans to be in the sum of HK $15,088.00 or US $2,506.31 (at HK $6.02 to one US dollar). Bongoyan does not deny the excess drawings. In fact in his December report, he indicated a balance for crew provisions in the amount of HK $10,345.91 or US $1,718.58 (also at HK $6.02 to one US dollar).

Now, it is also a matter of record that he turned over to his successor, Capt. Choco, provisions worth US $523.86. 6 Moreover, Bongoyan made two (2) payments to All Oceans against said drawings for crew provisions for December, 1981, to wit: one, personally made by him in the sum of P3,926.72 (or US $490.84), evidenced by a receipt dated February 19, 1982; and a second, made through his brother-in-law, Capt. Gerardo, in the amount of P10,000.00 (or US $1,250 at the rate of P8.00 to $1.00), evidenced by a receipt dated March 2, 1982. 7 The payments thus made by Bongoyan to All Oceans totaled US $2,264.70. This should be deducted from the claimed deficit of US $2,506.31, which would leave an amount of US $241.61, representing Bongoyan’s liability to All Oceans for the excess drawings for crew provisions for December, 1981.

On the other hand, the factual finding of the respondent Commission (apparently conceded by All Oceans 8 is that there is still due to Bongoyan from All Oceans in connection with his services as ship master of the Sarpindo Pribumi, the amount of US $3,749.65, broken down as follows:chanrob1es virtual 1aw library

a) Unpaid overtime US $ 56.45

b) Annual leave pay 1,492.99

c) Home leave pay 1,709.37

d) Salary (Dec. 1-15, 1981 [net]) 490.84

—————TOTAL US $3,749.65

This is the amount in fact that the POEA sentenced All Oceans to pay to Bongoyan, supra. 9 But from this sum of US $3,749.65 should be deducted the amount of US $241.61 owing by Bongoyan to All Oceans; and this would leave the amount of US $3,508.04 still due and payable from the latter to the former, as of March 2, 1982, when said amount became determinate upon the last payment made by Bongoyan to All Oceans. 10 The judgments of the POEA and the NLRC should thus be amended to reflect this resulting and final liability.chanrobles virtualawlibrary chanrobles.com:chanrobles.com.ph

WHEREFORE, the decision of the respondent National Labor Relations Commission promulgated on November 7, 1985 is AFFIRMED with the modification that the petitioners’ liability to private respondent Regulo Bongoyan is fixed at the peso equivalent of US $3,508.04 at the time of payment, with interest thereon at the legal rate from March 2, 1982. Costs against petitioners.

SO ORDERED.

Cruz, Griño-Aquino and Medialdea, JJ., concur.

Gancayco, J., Retired as of August 20, 1991.

Endnotes:



1. Owned by petitioner GOLDEN PEAK MARITIME AGENCY, LTD.

2. SEE footnote 7, post.

3. The meal allowances for a particular month depended on the number of days of the month and the number of crew members, each of the latter being allotted the amount of $20.50.

4. Rollo, p. 52.

5. Id., p. 40 (Petitioner’s Annex E: "RE PROVISION ACCOUNT DEFICIT’S PRIBUMI’ EX-MASTER CAPT. REGULO C. BONGOYAN").

6. Rollo, pp. 20-21; p. 78 (letter of Capt. Choco to Port Capt. Gerardo dated May 4, 1982).

7. Id., pp. 60, 61.

8. See page 1, second paragraph, ante.

9. See footnote 2, p. 2 of this opinion, ante.

10. See footnote 6, ante.




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






September-1991 Jurisprudence                 

  • G.R. Nos. 68843-44 September 2, 1991 - MARIQUITA O. SUMAYA, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 73123 September 2, 1991 - LAND BANK OF THE PHIL. v. DIONISIO N. CAPISTRANO, ET AL.

  • G.R. No. 78700 September 3, 1991 - ALL OCEANS MARITIME AGENCY, INC., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 100113 September 3, 1991 - RENATO L. CAYETANO v. CHRISTIAN MONSOD, ET AL.

  • G.R. No. 100710 September 3, 1991 - BENJAMIN P. ABELLA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 89217 September 4, 1991 - JUANITA NITURA v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • G.R. No. 93661 September 4, 1991 - SHARP INTERNATIONAL MARKETING v. COURT OF APPEALS, ET AL.

  • G.R. No. 95244 September 4, 1991 - ELLEN AMBAS, ET AL. v. BRIGIDA BUENASEDA, ET AL.

  • G.R. No. 95320 September 4, 1991 - PEOPLE OF THE PHIL. v. BALTAZAR LACAO, SR., ET AL.

  • G.R. No. 79869 September 5, 1991 - FORTUNATO MERCADO, SR., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 81909 September 5, 1991 - LETICIA C. MENDOZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 85393 September 5, 1991 - ALBA PATIO DE MAKATI, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 88451 September 5, 1991 - PEOPLE OF THE PHIL. v. RONALD C. ALVAREZ, ET AL.

  • G.R. No. 95070 September 5, 1991 - PAN MALAYAN INSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 85659 September 6, 1991 - F.E. ZUELLIG (M), INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 87333 September 6, 199

    COLEGIO SAN AGUSTIN v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 90423 September 6, 1991 - FRANCIS LEE v. COURT OF APPEALS, ET AL.

  • G.R. No. 96131 September 6, 1991 - CORAZON C. GONZAGA v. SANDIGANBAYAN, ET AL.

  • G.R. No. 72807 September 9, 1991 - MARILAO WATER CONSUMERS ASSOCIATION, INC. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 75810 September 9, 1991 - KAISAHAN NG MANGGAGAWANG PILIPINO v. CRESENCIANO B. TRAJANO, ET AL.

  • G.R. No. 85161 September 9, 1991 - COUNTRY BANKERS INSURANCE CORPORATION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 89982 September 9, 1991 - BENJAMIN GUIMOC, ET AL. v. CLEMENTE C. ROSALES, ET AL.

  • G.R. No. 78350 September 11, 1991 - SAN FELIPE NERI SCHOOL OF MANDALUYONG, INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 79182 September 11, 1991 - PNOC-ENERGY DEVELOPMENT CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 85685 September 11, 1991 - LAURO CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 92389 September 11, 1991 - JEJOMAR C. BINAY, ET AL. v. EUFEMIO DOMINGO, ET AL.

  • G.R. No. 94247 September 11, 1991 - DIONISIO MOJICA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-87-79 September 13, 1991 - LEONILA A. VISTAN v. RUBEN T. NICOLAS

  • G.R. No. 60269 September 13, 1991 - ENGRACIA VINZONS-MAGANA v. CONRADO ESTRELLA, ET AL.

  • G.R. No. 74073 September 13, 1991 - HONESTO ONG, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 86727 September 13, 1991 - PEOPLE OF THE PHIL. v. ERNESTO VERAS, JR., ET AL.

  • G.R. No. 88014 September 13, 1991 - GONZALO N. ALVAREZ v. SANDIGANBAYAN, ET AL.

  • G.R. No. 90035 September 13, 1991 - PEOPLE OF THE PHIL. v. AMADEO HANGDAAN, ET AL.

  • G.R. No. 93454 September 13, 1991 - HECTOR S. RUIZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 94045 September 13, 1991 - CENTRAL NEGROS ELECTRIC COOPERATIVE, INC. v. SEC. DOLE, ET AL.

  • G.R. Nos. 95237-38 September 13, 1991 - DAVAO CITY WATER DISTRICT, ET AL. v. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. No. 95664 September 13, 1991 - NINA M. QUISMUNDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 99258 September 13, 1991 - PEOPLE OF THE PHIL. v. FRANCISCO ARROYO, ET AL.

  • G.R. No. 38204 September 24, 1991 - MUNICIPALITY OF SOGOD v. AVELINO S. ROSAL, ET AL.

  • G.R. No. 46296 September 24, 1991 - EPITACIO DELIMA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 71832 September 24, 1991 - LEON BERNARDEZ, ET AL. v. ARSENIO REYES

  • G.R. No. 85086 September 24, 1991 - ARSENIO P. BUENAVENTURA ENTERPRISES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 86083 September 24, 1991 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. 86302 September 24, 1991 - CASIMIRO MENDOZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 87698 September 24, 1991 - PHILIPPINE AIRLINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 89621 September 24, 1991 - PEPSI COLA DISTRIBUTORS OF THE PHIL., INC., ET AL. v. LOLITA O. GAL-LANG, ET AL.

  • G.R. No. 90294 September 24, 1991 - PEOPLE OF THE PHIL. v. RICARDO RIO

  • G.R. No. 94143 September 24, 1991 - EDGAR SADIO v. REGIONAL TRIAL COURT OF ANTIQUE, BRANCH 10, ET AL.

  • G.R. No. 94654 September 24, 1991 - HEIRS OF AMANDO DALISAY v. COURT OF APPEALS, ET AL.

  • G.R. No. 96169 September 24, 1991 - EMPLOYEES CONFEDERATION OF THE PHIL. v. NATIONAL WAGES AND PRODUCTIVITY COMMISSION, ET AL.

  • G.R. No. 99434 September 24, 1991 - JOHNSON & JOHNSON (PHILS.) INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 87012-13 September 25, 1991 - REYES & LIM COMPANY, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 94476 September 26, 1991 - MICAELA C. ANDRES, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 97710 September 26, 1991 - EMIGDIO A. BONDOC v. MARCIANO M. PINEDA, ET AL.

  • G.R. No. 64807 September 27, 1991 - BACOLOD-MURCIA MILLING CO., INC., ET AL. v. VICENTE R. LEOGARDO, JR.

  • G.R. No. 90786 September 27, 1991 - ESPERO SANTOS SALAW v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 90983 September 27, 1991 - RAYMUNDO A. ARMOVIT v. COURT OF APPEALS, ET AL.

  • G.R. No. 91016 September 27, 1991 - PEOPLE OF THE PHIL. v. FERNANDO M. MISCALA, JR.

  • G.R. No. MTJ-88-189 September 30, 1991 - SIMEON G. MACUSE v. GERVACIO A. LOPENA

  • G.R. No. 71461 September 30, 1991 - PEOPLE OF THE PHIL. v. ANASTACIO CARICUNGAN, ET AL.

  • G.R. No. 73462 September 30, 1991 - PEOPLE OF THE PHIL. v. MAURICIO PLAGA

  • G.R. No. 73905 September 30, 1991 - MICHAEL T. DAVA v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 74630 September 30, 1991 - PEOPLE OF THE PHIL. v. MAIDA TOMIO, ET AL.

  • G.R. No. 75579 September 30, 1991 - TOMAS TRINIDAD v. COURT OF APPEALS

  • G.R. Nos. 76101-02 September 30, 1991 - TIO KHE CHIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 76281 September 30, 1991 - COMMISSIONER OF INTERNAL REVENUE v. WYETH SUACO LABORATORIES, INC., ET AL.

  • G.R. Nos. 83583-84 September 30, 1991 - COMMISSIONER OF INTERNAL REVENUE v. RIO TUBA NICKEL MINING CORPORATION, ET AL.

  • G.R. No. 90364 September 30, 1991 - VIRGILIO C. ARRIOLA, ET AL. v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 91539 September 30, 1991 - PEOPLE OF THE PHIL. v. RAMON SAMPAGA

  • G.R. No. 91849 September 30, 1991 - PEOPLE OF THE PHIL. v. DIORICO BUGHO

  • G.R. No. 92019 September 30, 1991 - PEOPLE OF THE PHIL. v. LIBRADO L. ARCEO, ET AL.

  • G.R. No. 92631 September 30, 1991 - PEOPLE OF THE PHIL. v. WILLIAM O. PULOC, ET AL.

  • G.R. No. 93396 September 30, 1991 - PHILIPPINE AMUSEMENT AND GAMING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 94313 September 30, 1991 - PEOPLE OF THE PHIL. v. REYNALDO V. COMO

  • G.R. No. 95197 September 30, 1991 - FIRST PHILIPPINE HOLDINGS CORPORATION v. SANDIGANBAYAN