G.R. No. 112574 - Mercidar Fishing Corp. vs. National Labor Relations Commission

Mercidar Fishing Corporation, represented by its president Domingo B. Naval (Petitioner), filed a petition for certiorari to set aside decisions of the National Labor Relations Commission (NLRC) in favor of Fermin Agao, Jr. (Private Respondent).
Private Respondent filed an illegal dismissal complaint dated September 20, 1990, against Petitioner, alleging illegal dismissal, violation of P.D. No. 851, and non-payment of five days service incentive leave for 1990.
The NLRC dismissed the appeal of Petitioner from the Labor Arbiter’s decision, and later denied reconsideration.

Private Respondent was employed as a “bodegero” or ship’s quartermaster on February 12, 1988.
He alleged that after being sick, he was allowed a one-month leave without pay starting April 28, 1990. Upon reporting back on May 28, 1990, with a medical clearance, Petitioner refused to immediately reinstate him and later stopped giving him assignments aboard its fishing vessels.
Private Respondent requested a certificate of employment on September 6, 1990; Petitioner refused the certificate unless a resignation letter was submitted. Since Private Respondent declined to resign without receiving separation pay, Petitioner barred him from entering its premises.

Petitioner contended that Private Respondent abandoned his work due to failure to report after his leave expired.
It claimed Private Respondent was absent without leave for three months until August 28, 1990.
Petitioner asserted that it assigned Private Respondent to another vessel but he was left behind on September 1, 1990.
Petitioner acknowledged that Private Respondent requested an employment certificate on September 6 but refused to get the certificate and resign on September 10 without separation pay.

On February 18, 1992, Labor Arbiter Arthur L. Amansec ordered reinstatement with backwages, 13th month pay, and service incentive leave pay for 1990; other claims were dismissed.
The NLRC, on August 30, 1993, upheld the Labor Arbiter’s decision and dismissed Petitioner’s appeal for lack of merit.
The NLRC also rejected Petitioner’s argument that fishermen like Private Respondent are “field personnel” excluded from entitlement to service incentive leave pay under Article 82 of the Labor Code.
Petitioner’s motion for reconsideration was denied in the resolution dated October 25, 1993.

Whether fishermen like Private Respondent can be classified as "field personnel" under Article 82 of the Labor Code and thereby excluded from entitlement to service incentive leave pay.
Whether Petitioner constructively dismissed Private Respondent by refusing to reinstate him after his medical leave.
Whether the NLRC committed grave abuse of discretion or acted without jurisdiction in affirming the Labor Arbiter’s decision.