G.R. No. 127195 , August 25, 1999
Marsaman Manning Agency, Inc. and Diamantides Maritime, Inc., petitioners, vs. National Labor Relations Commission and Wilfredo T. Cajeras, respondents.

FACTS

Private respondent Wilfredo T. Cajeras was hired by petitioner Marsaman Manning Agency, Inc., as local manning agent for petitioner Diamantides Maritime, Inc., as Chief Cook Steward on the MV Prigipos for a ten-month contract with a monthly salary of US$600.00, starting work on August 8, 1995. On September 28, 1995, he was repatriated to the Philippines. Cajeras filed a complaint for illegal dismissal, alleging he was assigned additional duties, fell ill, was refused medical attention initially, and after finally being examined at a medical center in Rotterdam, was ordered to prepare for immediate repatriation the next day without being informed of any diagnosis. His Seaman’s Service Record Book was handed to him with an entry stating “Cause of discharge — Mutual Consent,” which he objected to. Petitioners denied illegal dismissal, alleging that Cajeras approached the ship’s captain, declared he could no longer perform his duties due to inability to sleep and a crawling sensation on his body, and requested repatriation. They presented an entry in the vessel’s Deck Log by the captain to this effect and a Medical Report from a doctor in Rotterdam diagnosing “paranoia” and “other mental problems.” The Labor Arbiter ruled in favor of Cajeras, finding the discharge by “mutual consent” not proved by convincing evidence and dismissing the probative value of the Deck Log entry as unilateral and the Medical Report as lacking elaboration. The NLRC affirmed the Labor Arbiter’s decision. Petitioners filed a motion for reconsideration, which was denied.

ISSUE

Whether the National Labor Relations Commission committed grave abuse of discretion in affirming the Labor Arbiter’s decision finding petitioners guilty of illegal dismissal and ordering them to pay respondent Cajeras salaries for the unexpired portion of his contract, plus attorney’s fees.

RULING

The Supreme Court denied the petition, upholding the NLRC’s decision. The Court ruled that under the Standard Employment Contract governing Filipino seamen, early termination of employment prior to contract expiration requires (a) mutual consent between the master and the seaman, and (b) that such consent be reduced in writing. Petitioners failed to present any document wherein Capt. Alekos and Cajeras mutually consented in writing to the early termination. The entry in the vessel’s Deck Log was a unilateral act by the captain and did not satisfy the bilateral documentation requirement. The Medical Report was also correctly dismissed as of dubious value for containing only a sweeping statement without factual elaboration. The award of attorney’s fees was proper under Article 111 of the Labor Code and Article 2208 of the Civil Code, as the case involved a recovery of wages. The monetary award, corresponding to the unexpired portion of the contract (US$5,100.00 for 8.5 months), was also upheld as correct and in accordance with law and jurisprudence, not exceeding the salary for the unexpired term. The NLRC did not commit grave abuse of discretion.