Title
Supreme Court
PCL Shipping Phil. Inc. vs. National Labor Relations Commission
Case
G.R. No. 148418
Decision Date
Jul 28, 2005
Seafarer Lamique was illegally dismissed after reporting abusive treatment; courts upheld his claims, awarding damages for unexpired contract and due process violations.

Case Digest (G.R. No. 148418)
Expanded Legal Reasoning Model

Facts:

In August 1995, Ernesto B. Lamique was hired by PCL Shipping Philippines, Inc. (on behalf of its principal, Pacific Carriers, Ltd.) as a Second Officer on board the MV "Alam Acapulco" for a nine‐plus‐one month contract. His compensation included a basic monthly salary of US$1,280.00, vacation leave pay, and a bonus. Shortly after joining in New Orleans, Lamique encountered abusive and discriminatory treatment at the hands of the vessel’s Chief Officer, Brosnilan Saktura. While on board, conflicting versions arose regarding his alleged misconduct. Lamique was accused by the employer of unauthorized disembarkation and of refusing to work on board. Conversely, Lamique contended that his actions were prompted by necessity under difficult working conditions and that the disciplinary measures by the employer were both abusive and baseless. He was discharged on 16 January 1996 and subsequently repatriated. On 28 October 1997, Lamique sought relief before the Labor Arbiter, claiming illegal dismissal and demanding payment for the unexpired portion of his contract, along with damages and attorney’s fees. The Labor Arbiter, rendering a decision on 14 August 1998, ordered the payment of US$5,073.00 (or its peso equivalent) for the unexpired contract period. The National Labor Relations Commission (NLRC) later affirmed the award and added an indemnity award of P10,000.00, holding that due process was not observed in dismissing Lamique. PCL, through various motions including a Motion for Reconsideration and appeals via Petition for Certiorari before the Court of Appeals, challenged these decisions but ultimately the Court of Appeals reinstated the Labor Arbiter decision and the NLRC’s indemnity award.

Issues:

  • Whether the abbreviated pleadings procedure in the Court of Appeals, particularly the reliance on Rule 65 which allowed resolution of the case after the initial petition and comment, amounted to a denial of due process to the petitioners.
  • Whether PCL Shipping’s dismissal of Lamique was for just and valid cause and had complied with the requisite procedural due process, or whether it amounted to an illegal dismissal meriting the award of back wages and indemnity.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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