G.R. No. 85122-24 - Cagampan vs. National Labor Relations Commission

JULIO N. CAGAMPAN, SILVINO O. VICERA, JORGE C. DE CASTRO, JUANITO R. DE JESUS, ARNOLD J. MIRANDA, MAXIMO O. ROSELLO & ANICETO L. BETANA, PETITIONERS are seamen who entered into separate employment contracts on April 17 and 18, 1985 with Golden Light Ocean Transport, Ltd., through its local agency ACE MARITIME AGENCIES, INC., PRIVATE RESPONDENT.
NATIONAL LABOR RELATIONS COMMISSION, PUBLIC RESPONDENT is the administrative labor tribunal that reviewed the POEA decision on appeal.

Petitioners' ratings and monthly salaries as stated in the crew contracts were: Julio Cagampan, 2nd Engineer US$500.00; Silvino Vicera, 2nd Engineer US$800.00; Juanito de Jesus, Ordinary Seaman US$120.00; Jorge C. de Castro, Ordinary Seaman US$160.00; Arnold Miranda, 3rd Officer US$310.00; Maximo Rosello, Cook US$230.00; Aniceto Betana, 3rd Engineer US$400.00.
Petitioners were deployed on May 7, 1985, and discharged on July 12, 1986.

Petitioners filed complaints collectively and individually for nonpayment of overtime pay, vacation pay and terminal pay, and alleged they were made to sign contracts in blank and were assigned to a vessel different from that agreed.
Two petitioners, Jorge de Castro and Juanito de Jesus, alleged they performed the duties of Able Seamen though employed as Ordinary Seamen.

Private respondent was furnished complaints and summons but failed to file its answer within the reglementary period; on January 12, 1987 an order declared that private respondent waived its right to present evidence and the cases were submitted for decision.
On August 5, 1987 the Philippine Overseas Employment Administration (POEA) rendered a decision dismissing petitioners' terminal pay claim but granting leave pay and overtime pay and ordered private respondent to pay specified amounts to each complainant, including awards described as "30% guaranteed overtime pay" and leave pay equivalent to 35 days to be paid in Philippine currency at the current exchange rate.

The POEA awarded the following composite amounts to petitioners: Julio Cagampan US$583.33 plus US$2,125.00 for 30% overtime; Silvino Vicera US$933.33 plus US$3,...(Subscriber-Only)

Whether the NLRC gravely abused its discretion or erred in reversing the POEA decision and dismissing petitioners' claims for lack of merit.

Whether private respondent's failure to file an answer and the January 12, 1987 order declaring waiver of the right to present evidence deprived it of the right to appeal or otherwise rendered its appeal null.

Whether petitioners are entitled to the leave pay awarded by the POEA when private respondent allegedly overpaid certain petitioners during the period o...(Subscriber-Only)