Title
Singa Ship Management Philippines, Inc. vs. National Labor Relations Commission
Case
G.R. No. 119080
Decision Date
Apr 14, 1998
Mario Sangil, a Filipino seafarer, was constructively dismissed after a workplace altercation caused injury and fear for his safety. The Supreme Court upheld NLRC's ruling, awarding him compensation for the unexpired contract term.
repatriation
illegal dismissal
constructive dismissal

Case Summary (G.R. No. 119080)

Employment Contract and Incident on Board

On 22 May 1990, private respondent Mario Sangil signed an employment contract with petitioner SINGA on behalf of its foreign principal, ROYAL of Piraeus, Greece. He was hired for twelve (12) months as utility man/assistant steward on board Crown Odyssey, with a basic monthly salary of US $50.00, plus tips. On 2 June 1990, Sangil left the country to board the vessel in implementation of the contract.

Upon joining the ship, Sangil was unaware of an existing animosity between the Filipino crew and the Greek crew. On 20 July 1990, around 9:00 a.m., while passengers were disembarking in Stockholm, Sweden, a heated argument occurred between Sangil and Greek deck steward Athanasius “Thanasi” Zakkas, which escalated into a scuffle. Zakkas pushed Sangil, causing him to fall and strike his head against the steel molding of a door. Sangil sustained a cut on the head, which required stitching by the ship doctor.

Sangil was granted three (3) days off. During this period, he went to the Philippine Embassy in Stockholm and reported the incident to Consul Eduardo V. Aro. On the same day, Consul Aro accompanied him back to the ship. Sangil informed Ship Captain Yannis Katraz that he was leaving the ship due to his head injury and his fear that further trouble might erupt between him and the Greeks onboard. Because he was still dizzy, Sangil was brought to Sabbatsberg Hospital in Stockholm, where he was confined from 20 to 21 July 1990 for observation. On the afternoon of 20 July 1990, Crown Odyssey left for Copenhagen, Denmark without him. After discharge, Sangil returned to the Philippine Embassy in Stockholm and executed an affidavit before Consul Aro narrating continuous ridicule by the Greeks, including being called names such as “malaca,” meaning son of a prostitute. The narrative also included that Zakkas had threatened to pour hot coffee on his head prior to the incident. Sangil was repatriated to the Philippines on 24 July 1990.

Proceedings Before the POEA

On 6 March 1991, Sangil filed a complaint before the POEA for illegal dismissal and for payment of wages covering the unexpired portion of his contract, overtime pay, and attorney’s fees. On 20 March 1992, the POEA dismissed the complaint for lack of merit, holding that Sangil “voluntarily signed off from the vessel.”

NLRC Appeal and Order

Sangil appealed to the NLRC. On 14 December 1994, the NLRC reversed the POEA decision and ordered petitioners SINGA and ROYAL to pay Sangil jointly and severally his salary for ten (10) months at US $50.00 a month, or US $500.00, covering the unexpired portion of the employment contract, plus attorney’s fees of ten percent (10%). The NLRC, however, dismissed Sangil’s claims for overtime pay and tips for “lack of basis.” Petitioners moved for reconsideration on 20 January 1995, but the NLRC denied the motion on 6 February 1995 for lack of merit. Petitioners then filed the present petition for certiorari.

Petitioners’ Theory of Voluntary Departure and Their Evidentiary Critique

Petitioners argued before the Supreme Court that the NLRC gravely abused its discretion and seriously erred by allegedly “stretching” the evidence, disregarding rules of evidence on presumptions and the doctrine of res ipsa loquitur. They insisted that there could be no illegal dismissal because the incident was allegedly caused by Sangil himself and that his refusal to return to the vessel was voluntary, which they said was evidenced by his affidavit executed before Consul Aro.

Petitioners maintained that Sangil was responsible for the altercation because he allegedly went into a rage and leaped at the Greek steward, whom Zakkas had to push away in self-defense. Petitioners also claimed that Sangil slipped and hit his head due to water on the floor, and that they had nothing to do with the incident. In their position, Sangil voluntarily left the ship; hence, the POEA’s view should have prevailed.

The Supreme Court’s Evaluation of the Onboard Incident and Fault

The Court rejected petitioners’ attempt to overturn the NLRC. It held that the NLRC’s conclusion found support in the records. In particular, the Court emphasized an entry in the Logbook Abstract explaining how Sangil got injured. The entry stated that Sangil was “pushed and fell down and suffered scalp trauma.” The Court reasoned that if someone pushed Sangil, then Sangil did not slip and hit his head against the steel door molding, as petitioners claimed, and as the POEA administrator had relied upon in dismissing the complaint.

The Court further noted that the same log entries tended to support Sangil’s allegation that he was not the aggressor but a mere victim. This, the Court said, explained why Zakkas was fetched from the ship by police in Stockholm for questioning. The Court also acknowledged petitioners’ argument that the incident might have been personal between Sangil and Zakkas, but held that it could have been avoided if the ship captain had exercised proper vigilance in supervising the crew.

The Court also treated the affidavit given before Consul Aro as relevant to establishing the employment environment. It recounted that Sangil had earlier complained to the captain about abuses by the Greeks, yet the captain not only ignored his complaint but blamed him for joining the ship. For the Court, the ship captain, as general agent of the shipowner, could thus be held responsible for failing to make the workplace safe.

Characterization of Sangil’s Departure as Constructive Dismissal

The Court rejected petitioners’ contention that Sangil voluntarily quit. It deferred to the NLRC’s factual findings, especially the reasoning that, having sustained a head injury and not being the aggressor, Sangil feared returning to the ship and mixing with his perceived aggressor. The Court described this fear as normal to an ordinarily prudent person and therefore tantamount to self-preservation.

In that light, the Court held that Sangil’s decision to leave was not voluntary. It was instead a departure precipitated by fear stemming from the July 20, 1990 incident. The Court connected Sangil’s fear to the prior intimidation and threats, including the threat by Zakkas to pour hot coffee on Sangil’s head and the reality of the ongoing hostility between Filipino and Greek crew members. It also referred to evidence of violent undercurrents, including writings in blood on a wall spelling “magkaisa”, as witnessed by another Greek steward on the day of the incident.

The Court applied the concept of constructive dismissal, citing People’s Security, Inc. v. NLRC for the proposition that constructive dismissal exists when there is quitting because continued employment becomes impossible, unreasonable, or unlikely. It also cited Philippine Advertising Counselors, Inc. v. NLRC for the rule that constructive dismissal need not always involve diminution; intolerable discrimination, insensibility, or disdain may become so unbearable that it forecloses any choice except to forego continued employment. The Court found these principles applicable, concluding that Sangil’s departure was impelled by legitimate fear for his life and limb.

Scope of Review and Defere

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