Case Digest (G.R. No. 249195)
Facts:
Alenaje v. C.F. Sharp Crew Management, Inc., G.R. No. 249195, February 14, 2022, Supreme Court Second Division, Inting, J., writing for the Court.Petitioner Rommel S. Alenaje (a seaman) filed on July 15, 2015 with the Labor Arbiter (LA) a complaint for illegal dismissal, payment for the unexpired portion of his contract, damages and attorney’s fees against respondents C.F. Sharp Crew Management, Inc., foreign principal Reederei Claus‑Peter Offen (GMBH & Co.) KG, and Roberto B. Davantes (their local representative). Petitioner alleged that after boarding M/V CPO New York in April 2015 under a six‑month contract he was ordered by Chief Mate Lukasz Leszek Kucharz to strip and wax the navigational bridge floor — a task he claimed was not within his duties as steward — and was thereafter harassed and threatened with dismissal, causing him to tender his resignation on April 21, 2015 which was accepted the same day by the foreign principal via email; a Notice of Dismissal was later issued on May 20, 2015 and he was repatriated and paid one month and eight days’ salary.
Respondents maintained that petitioner disobeyed a lawful order, was warned for insubordination (entry made in the vessel’s logbook), demanded repatriation and raised his voice aggressively during the hearing on board; they filed a disciplinary complaint with POEA and argued that the stripping/waxing of the bridge was an occasional duty a steward may be lawfully assigned by the master or chief officer under the POEA Standard Contract. After mandatory conciliation issues and exchanges of pleadings, the LA issued a Decision on November 24, 2015 finding constructive dismissal and awarding petitioner Php 192,458.22 (payment for unexpired contract, moral and exemplary damages and attorney’s fees) against the local agent and its representative.
Respondents appealed to the National Labor Relations Commission (NLRC). In a Decision dated January 29, 2016 the NLRC reversed the LA, ruling that petitioner voluntarily resigned on April 21, 2015 (accepted the same day) and thus his claims lacked basis; the NLRC denied petitioner’s motion for reconsideration in a Resolution dated May 20, 2016. Petitioner then filed a petition for certiorari with the Court of Appeals (CA) which, in a D...(Pro-only)
Issues:
- Was petitioner constructively dismissed from his employment?
- Was petitioner illegally dismissed or penalized twice for the same infrac...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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