G.R. No. 171790 October 17, 2008
BRENDO D. MERIN, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, THROUGH ITS THIRD DIVISION, GREAT SOUTHERN MARITIME SERVICES, CORP., AND/OR IMC SHIPPING CO., PTE., LTD., respondents.

FACTS

Petitioner Brendo D. Merin was contracted by Great Southern Maritime Services Corporation (GSM) for its foreign principal, IMC Shipping Co., Pte. Ltd., as an ordinary seaman on board the vessel MT “Selandang Permata” for ten (10) months. Barely three (3) months after boarding, he was repatriated by the master of the vessel. Petitioner allegedly refused to receive his termination letter. The antecedents show petitioner committed several infractions: he failed to report for work after drinking too much alcohol at a party (for which he submitted a letter of apology); he was found sleeping and intoxicated in the crew’s smoke room; and he inquired from the Chief Officer if he would be repatriated, warning that he had strong connections with the POEA and the ship agent would be held liable if he were repatriated. This conversation was recorded in the ship’s logbook. The following day, the master received a letter-complaint from the bosun (petitioner’s immediate superior) narrating previous incidents of petitioner’s refusal to obey instructions and that petitioner threatened to harm him upon learning of his impending repatriation. Petitioner was repatriated the next day. He filed an illegal dismissal claim. The Labor Arbiter declared the repatriation illegal, ruling previous infractions were condoned or penalized and that boasting of connections was not a valid ground for pre-termination. The NLRC reversed the Labor Arbiter, finding substantial evidence of the offenses and noting a POEA Order (affirmed by the DOLE Secretary) which suspended petitioner from the POEA Registry for three (3) years for misbehavior and disorderly conduct. The Court of Appeals denied petitioner’s certiorari petition, applying the “totality of infractions” principle and finding just cause for dismissal but ruling petitioner was not accorded due process, entitling him to ₱50,000.00 nominal damages.

ISSUE

Whether petitioner was illegally dismissed.

RULING

The petition is unmeritorious. The Supreme Court found just cause for petitioner’s termination based on the totality of his infractions. The findings of fact by the quasi-judicial bodies (Labor Arbiter, NLRC, Court of Appeals), supported by substantial evidence, are accorded respect and finality. The Court also gave due weight to the POEA and DOLE findings which suspended petitioner for misbehavior. The totality of infractions committed during employment is considered in determining the penalty. Petitioner’s offenses should not be taken singly; his past misconduct and present behavior must be taken together. Despite previous sanctions, he continued to commit misconduct. The employer has the right to dismiss a misbehaving employee as a measure of self-protection. However, the employer failed to observe the procedural due process prescribed in the POEA Standard Employment Contract (written notice of charges, hearing, written notice of penalty). This failure does not nullify the dismissal for just cause but warrants payment of indemnity as nominal damages. The Court modified the Court of Appeals’ award, reducing the nominal damages from ₱50,000.00 to ₱30,000.00, conformably with Agabon v. NLRC. Petitioner’s money claims were denied for lack of evidence, while the employer showed he was paid what was due before repatriation. The decision and resolution of the Court of Appeals were AFFIRMED with MODIFICATION ordering Great Southern Maritime Services Corporation to pay petitioner ₱30,000.00 as nominal damages.