Case Summary (G.R. No. 148418)
Relevant Facts
On August 11, 1995, Lamique entered into a contract with PCL Shipping Philippines, Inc. for a nine-month tour aboard MV "Alam Acapulco," starting on August 18, 1995. His employment conditions included a monthly salary of $1,280, vacation pay, and bonus pay. During his service, Lamique faced difficulties with the Chief Officer, who treated Filipino crew members abusively. On January 16, 1996, he found out that his services were no longer needed, leading to his repatriation on January 18, 1996.
Legal Proceedings in Labor Arbiter
On October 28, 1997, Lamique filed a complaint for illegal dismissal before the Labor Arbiter, requesting payment for the remainder of his contract, damages, and attorney's fees. The petitioners contended that Lamique had left the ship without permission on two occasions and refused to sign off or continue working, prompting his dismissal. The Labor Arbiter decided on August 14, 1998, in favor of Lamique, ordering the petitioners to pay the equivalent of $5,073.00 in Philippine currency and dismissing all other claims.
National Labor Relations Commission (NLRC) Ruling
PCL appealed to the National Labor Relations Commission (NLRC), which affirmed the Labor Arbiter's ruling and emphasized that Lamique was wrongfully terminated without due process. The NLRC modified the decision on November 20, 1999, upholding the salary award while ordering an additional indemnity of ₱10,000 due to the lack of procedural due process.
Court of Appeals Ruling
The petitioners' subsequent appeal to the Court of Appeals was denied on December 1, 2000, upholding the NLRC's decision for reinstatement and indemnity. The Court further denied a motion for reconsideration on May 18, 2001.
Issues Raised by Petitioners
The petitioners contended that the Court of Appeals erred in its assessment, claiming that the proceedings were abbreviated and that due process was not afforded to them. They also argued that the dismissal was valid and based on lawful cause, disputing the reinstatement of the Labor Arbiter's judgment and the indemnity award.
Legal Standards for Certiorari Appeals
In its review, the Supreme Court reiterated that Petitions for Certiorari under Rule 45 typically address only questions of law rather than issues of fact. The Court emphasized the discretionary nature of the Court of Appeals' proceedings post-comment submission, asserting that the Court's decision to render judgment without additional pleadings was within its authority.
Burden of Proof in Dismissal Cases
It was highlighted that the employer bears the burden of proof in demonstrating a just and valid cause for dis
...continue readingCase Syllabus (G.R. No. 148418)
Case Background
- The case is an appeal by certiorari under Rule 45 of the Rules of Court, challenging the Court of Appeals' decision dated December 1, 2000, which reinstated the Labor Arbiter's ruling requiring the petitioners to pay the private respondent, Ernesto B. Lamique, $5,073 or its Philippine currency equivalent, along with an indemnity award of P10,000.
- Ernesto Lamique was contracted by PCL Shipping Philippines, Inc. on August 11, 1995, for a nine-month term as Second Officer on the MV "Alam Acapulco," with a monthly salary of $1,280, vacation leave pay of $341, and a monthly bonus of $107. He boarded the vessel on August 18, 1995, in New Orleans, USA.
- During his employment, Lamique faced abusive treatment from the Chief Officer, Brosnilan Saktura, leading to difficulties in their working relationship.
Events Leading to Dismissal
- On January 16, 1996, Lamique was informed that his services were no longer needed and was subsequently repatriated on January 18, 1996.
- Lamique filed a complaint for illegal dismissal on October 28, 1997, seeking recovery for the unexpired portion of his contract, damages, and attorney's fees.
- PCL Shipping presented a defense stating that Lamique left the vessel without permission on October 19, 1995, and that he refused to continue working on January 15, 1996. They claimed that his termination was due to his insubordination and unauthorized disembarkation.
Labor Arbiter Decision
- The Labor Arbiter ruled on August 14, 1998, that Lamique was illegally dismissed and ordered PCL Shipping to