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LABOR Full description Caltex v Sulpicio Philippine Fortune

Audiobooks (Transpo) Airlines, Inc. vs.… Inc. vs. C
Court of Appeals SCRA 14
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INTER-ORIENT MARITIME ENTERPRISES, INC., SEA
HORSE SHIP, INC. and TRENDA WORLD SHIPPING
(MANILA), INC., petitioner@, !@. NLRC
"ACTS#
Private respondent Captain Rizalino Tayong, a licensed
Master Mariner with experience in commanding ocean-going
vessels, was employed on 6 July @!"! #y petitioners Trenda
$orld %hipping &Manila', (nc) and %ea *orse %hip
Management, (nc) through petitioner (nter-+rient Maritime
Lnterprises, (nc) as Master oM the vessel M./ +ceanic
Mindoro, Mor a period oM one &@' year, as evidenced #y an
employment contract) +n @0 July @!"!, Captain Tayong
assumed command oM petitioners1 vessel at the port oM
*ong2ong) *is instructions were to replenish #un2er and
diesel Muel, to sail Morthwith to Richard 3ay, %outh 4Mrica, and
there to load @5V,VVV metric tons oM coal)
+n @6 July @!"!, while at the Port oM *ong2ong and in the
process oM unloading cargo, Captain Tayong received a
weather report that a storm code-named 78ordon7 would
shortly hit *ong2ong) Precautionary measures were ta2en to
secure the saMety oM the vessel, as well as its crew,
considering that the vessel1s tur#o-charger was lea2ing and
the vessel was Mourteen &@9' years old) +n 5@ July @!"!,
Captain Tayong Mollowed-up the re:uisition #y the Mormer
captain oM the +ceanic Mindoro Mor supplies oM oxygen and
acetylene, necessary Mor the welding-repair oM the tur#o-
charger and the economizer) This re:uisition had #een made
upon re:uest oM the ChieM Lngineer oM the vessel and had
#een approved #y the shipowner)
economizer and use the auxiliary #oiler instead) +n ?@ July
@!"! at V6V@ hrs), the vessel arrived at the port oM
%ingapore) The ChieM Lngineer reminded Captain Tayong that
the oxygen and acetylene supplies had not #een delivered)
Captain Tayong in:uired Mrom the ship1s agent in %ingapore
a#out the supplies) The ship agent stated that these could
only #e delivered at V"VV hours on 4ugust @, @!"! as the
stores had closed)
Captain Tayong called the shipowner, %ea *orse %hip
Management, Atd), in Aondon and inMormed them that the
departure oM the vessel Mor %outh 4Mrica may #e a=ected
#ecause oM the delay in the delivery oM the supplies) %ea
*orse advised Captain Tayong to contact its Technical
Birector, Mr) Clar2, who was in To2yo and who could provide a
solution Mor the supply oM said oxygen and acetylene) +n the
night oM ?@ July @!"!, Mr) Clar2 received a call Mrom Captain
Tayong inMorming him that the vessel cannot sail without the
oxygen and acetylene Mor saMety reasons due to the pro#lems
with the tur#o charger and economizer) Mr) Clar2 responded
that #y shutting o= the water to the tur#o chargers and using
the auxiliary #oiler, there should #e no Murther pro#lems)
4ccording to Mr) Clar2, Captain Tayong agreed with him that
the vessel could sail as scheduled on V@VV hours on @ 4ugust
@!"! Mor %outh 4Mrica)
$hen the vessel arrived at the port oM Richard 3ay, %outh
4Mrica on @6 4ugust @!"!, Captain Tayong was instructed to
turn-over his post to the new captain) *e was thereaMter
repatriated to the Philippines, aMter serving petitioners Mor a
little more than two wee2s) @? *e was not inMormed oM the
charges against him)

+n 50 July @!"!, the vessel sailed Mrom *ong ;ong Mor
%ingapore) (n the Master1s sailing message, Captain Tayong
reported a water lea2 Mrom M)L) Tur#o Charger <o) 5 Lxhaust
gas casing) *e was su#se:uently instructed to #lan2 o= the
cooling water and maintain reduced RPM unless authorized
Read books, audiobooks, and more
#y the owners, while the vessel was en route to %ingapore,
Captain Tayong reported that the vessel had stopped in mid-
ocean Mor sixScribd
&6' hours and Morty->ve &90' minutes due to a
lea2ing economizer) *e ½ was instructed to shut down the
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+n 0 +cto#er @!"!, Captain Tayong instituted a complaint Mor
illegal dismissal #eMore the Philippine +verseas Lmployment
4dministration &7P+L47', claiming his unpaid salary Mor the
unexpired portion oM the written employment contract, plus
attorney1s Mees)
Petitioners, in their answer to the complaint, denied that they
View
had illegally dismissed Captain Tayong) Petitioners alleged
that he had reMused to sail immediately to %outh 4Mrica to the

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precudice and damage oM petitioners) 4ccording to
petitioners, as a direct result oM Captain Tayong1s delay,
petitioners1 vessel was placed 7o=-hire7 #y the charterers Mor
twelve &@5' hours) This meant that the charterers reMused to
pay the charter hire or compensation corresponding to
twelve &@5' hours, amounting to D%E@0,0VV)VV, due to time
lost in the voyage) They stated that they had dismissed
private respondent Mor loss oM trust and con>dence)
The P+L4 dismissed Captain Tayong1s complaint and held
that there was valid cause Mor his untimely repatriation) The
decision oM the P+L4 placed considera#le weight on
petitioners1 assertion that all the time lost as a result oM the
delay was caused #y Captain Tayong and that his concern Mor
the oxygen and acetylene was not legitimate as these
@tandard@ o/ eHp'o*Hent and tMe prote%tion o/ 'a+or
'aL@.
TMe %aptain o/ a !e@@e' i@ a %on&dentia' and
HanaIeria' eHp'o*ee LitMin tMe HeaninI o/ tMe a+o!e
do%trine ) 4 master or captain, Mor purposes oM maritime
commerce, is one who has command oM a vessel) 4 captain
commonly perMorms three &?' distinct rolesG &@' he is a
general agent oM the shipownerH &5' he is also commander
and technical director oM the vesselH and &?' he is a
representative oM the country under whose Iag he navigates)
+M these roles, #y Mar the most important is the role
perMormed #y the captain as commander oM the vesselH Mor
such role &which, to our mind, is analogous to that oM 7ChieM
Lxecutive +jcer7 KCL+L oM a present-day corporate

You're Reading a Preview

supplies were not necessary or indispensa#le Mor running the
vessel) The P+L4 #elieved that the Captain had unreasona#ly
enterprise' has to do with the operation and preservation oM
the vessel during its voyage and the protection oM the
reMused to Mollow the instructions oM petitioners and their passengers &iM any' and crew and cargo) (n his role as general
representative,
precudice and despite damage petitioners1
oM peti>rm assurances
tioner s) 4ccordi that
ng the to agent oM the shipowner, the captain has authority to sign #ills
@tandard@ o/ eHp'o*Hent and tMe prote%tion o/ 'a+or
vessel was
petitioner s,seaworthy
as a direMorct the voyage
result oM Capt Unlock full access with a free trial.
to %outh
ain T4Mrica)
ayong1s delay,
petitioners1 vessel was placed 7o=-hire7 #y the charterers Mor
oM lading, carry goods a#oard and deal with the Mreight
'aL@.
earned, agree upon rates and decide whether to ta2e cargo)
<ARC
twelvereversed andThis
&@5' hours) set meant
aside thethatdecision oM the P+L4)
the charterers reMused Theto The ship captain, as agent oM the shipowner, has legal
TMe %aptain o/ a !e@@e' i@ a %on&dentia' and
<ARC
pay the Mound chathat
rter Captain
hire orTayong
compen had not #een
sation correspa=orded
onding an to authority to enter into contracts with respect to the vessel
HanaIeria' eHp'o*ee LitMin tMe HeaninI o/ tMe a+o!e
opportunity
twelve &@5' to #e heard
hours, and that
amounting to no su#stantial evidence
D%E@0,0VV)VV, due to timewas and the trading oM the vessel, su#cect to applica#le limitations
do%trine ) 4 master or captain, Mor purposes oM maritime
adduced
lost in the
con>dence
to esta#lish
voyage) the
They
in the Captain)
private respondent
#asis
stated
Mor loss oMThe <ARC
trust
Download With Free Trial
Mor petitioners1
that they had
and declared
loss oM
con>dence)
trustsed
dismis
that he had
or es ta#lished is#y
commerce,
regulations
commonly oM per
one st
the
Morms
atuthas
who e, command
shipowner)
three &?'
contract oM
To the
or a in
captain
distin
structio
vessel)
is committed
ct roles
4ns and
captain
G &@' he isthe a
only acted in accordance with his duties to maintain the governanc
general agente, care oM and
the management
shipownerH &5' oM he
theisvessel) Clearly, the
also commander
seaworthiness
The P+L4 dismissed oM the vessel
Captainand to insure
Tayong1s the saMety
complaint and oM held
the ca
anpta
d teinchisnica
ves
l ted
direcwit
torh oM#otthh e man
vessage
elHmen
antd and &?' he>ducia
is rya
ship
that and
there the crew)
was valid cause Mor his untimely repatriation) The Munctions)
representative oM the country under whose Iag he navigates)
decision oM the P+L4 placed considera#le weight on +M these roles, #y Mar the most important is the role
ISS$E#
petitioners1 assertion that all the time lost as a result oM the (t is plain #y
perMormed Mromthethe record
captain ass commander
oM the presoM entthe petit ion tha
vesselH Mort
$hether
delay wasthe <ARC#y
caused had actedTa
Captain with
yong grave
and a#use
that hisoMconcern
discretionMor Cap
suchtai n T&which,
role ayong to waour
s den ied isany
mind, opportuni
analogous to ty
thattooM deM end
7ChieM
in
thesetting
oxyge aside
n andtheace
decision
tyleneoMwa P+L4F
s not legitimate as these himselM)
Lxecutive Petitioners
+jcer7 curtly KCL+Ldismissed
oM a pr him Mrom
esen t-dahis
y command
corporate
supplies were not necessary or indispensa#le Mor running the and summarily
enterprise' has to ordered
do withhistherepa triationand
operation to preservation
the Philippines oM
HELD#
vessel) NO.
The P+L4 #elieved that the Captain had unreasona#ly wit
thehouvetssinM
el ordu
min g him
ring its vo oMyathe
ge cha
andrge theorprcha
otecrgties
on lev
oMellth
ede
reMused to Mollow the instructions oM petitioners and their against
passengershim,&iMand
any'much
and less
crewgiving him a (n
and cargo) chance
his role to as
reMute any
general
(t is well settled
representative, in thispetitioners1
despite curisdiction>rm thatassurances
%on&dentia' that and
the such
agentcharge) (n Mact, it the
oM the shipowner, wascaptain
only on has56authority
+cto#erto @!"!
sign that
#ills
HanaIeria' eHp'o*ee@
vessel was seaworthy %annot
Mor the voyage +eto ar+itrari'*
%outh 4Mrica) di@Hi@@ed Captain
oM lading Tayong
, carryreceived
goods a#o a telegram
ard and dated
deal 59 with +cto#er @!"!
the Mreig ht
at an* tiHe, and LitMoNt %aN@e a@ rea@ona+'* Mrom (nte
earned, r-+rien
agree t re:u
upon iring
rates andhim to explain
decide whether why he delayed
to ta2e cargo)
e@t
<ARC a+'reversed
i@Med in andan setapp rop
aside riadecision
the te in!e@t oM iIa
thetio n. SN%
P+L4) TheM sailing
The ship to %outh 4Mrica)
captain, as agent oM the shipowner, has legal
eHp'o*ee@,
<ARC Mound that too,Captain
are entit'ed
Tayong tohad@e%Nrit*
not #eeno/ tenNre,
a=orded/air an authority to enter into contracts with respect to the vessel
opportunity to #e heard and that no su#stantial evidence was and the trading oM the vessel, su#cect to applica#le limitations
adduced to esta#lish the #asis Mor petitioners1 loss oM trust or esta#lished #y statute, contract or instructions and
con>dence in the Captain) The <ARC declared that he had regulations oM the shipowner) To the captain is committed the
only acted in accordance with his duties to maintain the governance, care and management oM the vessel) Clearly, the
seaworthiness oM the vessel and to insure the saMety oM the captain is vested with #oth management and >duciary
ship and the crew) Munctions)

ISS$E# (t is plain Mrom the records oM the present petition that

$hether the <ARC had acted with grave a#use oM discretion Captain Tayong was denied any opportunity to deMend
in setting aside the decision oM P+L4F himselM) Petitioners curtly dismissed him Mrom his command
and summarily ordered his repatriation to the Philippines
$e also >nd that the principal contenti
HELD# NO. witon
hout oMinMorpet
mingiti one
him oMrsthe charge oM su#
or cha sta
rges nti
lev al del
elled
against the decision oM the <ARC pertains to him,
against Macts, thatless
and much is,giving him adelivery oM any
chance to reMute the sup
(t is well settled in this curisdiction that %on&dentia' and such charge) (n Mact, it was only on 56 +cto#er @!"! that
whether or not there was actual and sujcient
HanaIeria' eHp'o*ee@ %annot +e ar+itrari'* di@Hi@@ed
#asisreceived
Captain Tayong Mor the charger
a telegram dated and
59 +cto#er @!"!the e
at alleged
an* tiHeloss
, andoMLi trust
tMoNt or con>dence)
%aN@ e a@ rea@ona+ $e'* have
Mromconsistently heldhim to explain
(nter-+rient re:uiring voyage
why heMrom
delayed %inga
e@ta+'i@Med in an appropriate in!e@tiIation. SN%M sailing to %outh 4Mrica)
that a too,
eHp'o*ee@, :uestion oM to
are entit'ed 7Mact7
@e%Nrit*is,
o/ as a general
tenNre, /air rule, the concern
solely oM an administrative #ody, so long as there is (n this connection
su#stantial evidence oM record to sustain its action) according to the re
oM petitioner %ea *
Petitioners rely on selM-serving ajdavits oM their own ojcers Mindoro had stopp
and employees predictaYou're
#ly tendReading a Preview
ing to suppo rt petitioners1 >ve &90' minutes
allegation that Captain Tayong had perMormed acts inimical to lea2ing economize
petitioners1 interests Mor which, supposedly, he was 4ugust @!"! sent
Unlock full access with a free trial.
discharged) +ceanic Mindoro
%outh 4Mrica)
More importantly, a ship1s captain must #e accorded a
reasona#le measure oM discretionary Downloadauthority With Free Trial what
to decide Dnder all the circu
the saMety oM the ship and oM its crew and cargo speci>cally <ARC, are una#le
re:uires on a stipulated ocean voyage) The captain is held &arrived at aMter
responsi#le,
$e also >nd and properly
tha t the pri so,ncMor
ipasuch
l conte saMety ) *eoMis right
ntion petitionetherers Ln
oM gi neer
su# sta' nti
toal wa
del it
on the vessel, in command oM it and &it
against the decision oM the <ARC pertains to Macts, that is, must #e presumed' delivery
delivery on #oard
oM the sup
2n owledgor
whether eanot
#le there
as was to actual
the sand peci> c re:uir
sujcient ement
#asis Mors theoM supplies
charger and the Mo
needed e
sea worthi
alleged nesoM
loss s trust
and or the particular $e
con>dence) rishave
2s and perils oM held
consistently the the tur#o- cha
voyage Mrom %inga rg er
voyage he is to em#ar2
that a :uestion oM 7Mact7 upon)
is, as The applica#le
a general principle
rule, is that
the concern vessel, constituted
the captain has control oM all departments
solely oM an administrative #ody, so long as ther oM service inetheis insu#ordinate
(n this connecti #ehon
vessel, and reasona#le discretion as
su#stantial evidence oM record to sustain its action) to its navigation) (t is the that decisio n
according to the re oM C
right and duty oM the captain, in the exercise oM sound #asis Mor the
oM petitioner %ea *summ
discretion
Petitioners andrely inongood Maith, toajdavits
selM-serving do all things with
oM their respect
own ojcers to ter minatio
Mindoro n stopp
had oM hi
the
and vesse
emplo l yees
and its e:uipme
predicta #ly nttend anding cond uct oM
to suppo rt the
petit voyag
ioners1 e expiration
>ve &90' min oM the
utetes
whi ch ar e re aso na# ly nec ess ary Mor
allegation that Captain Tayong had perMormed acts inimical to the pr ote ct ion and oM the <ARC
lea2ing economize to #e
preservation
petitioners1 oM the
inte restinterests
s Mor under which,his su charge,
pposed whether
ly, he those was an
4ugustexce@!"
ss or lost
! sen
#e oM th
discharged) e sh ip ow ne rs , ch ar te re rs , ca rgo ow ne rs or oM conclusion
+ceanic Min and
dorma
o
underwriters) (t is a #asic principle oM admiralty law that in %outh 4Mrica)
navigating
Mor e imporatan merchantman,
tly, a ship1s the
capmaster
tai n mus must#e #eacleMt
corMree to Clearly, petitione
4CC+RB(<8A m, petitioners having Mailed to tshow grave ded
a#use a the part oM the <A
exercise
reasona#le his own
measure #est cudgment)
oM discretionary Compagnie
authority de Commerce v) decision to wait Mo
oM discretion amounting to loss or excess oM to decide what
curisdiction on Dnder
PetitionallMorthe circu
Certior
*am #urg 59
the saMety is ins
oM the shiptruand
ctiveoMin itsthi
crews con and nec tion) speci>cally
cargo There, this sailing Mrom
<ARC, are una#le %ingap
Court recognized
re:uires the discretionary
on a stipulated ocean voyage) authority TheoM the master
captain is held oM oM
&arrtheir
ived a#ility
at aMto terw
a vessel andand
responsi#le, hisproperly
right toso, exercise
Mor suchhis #est) *e
saMety cudgment,
is right therewith ship
Lngine captain)
er' to 4ssuwait
respect to navigating the vessel he commands
on the vessel, in command oM it and &it must #e presumed' pr er oga tiv e,
delivery on #oard tha t
2nowledgea#le as to the speci>c re:uirements oM exercised,
supplies needed in theMoc
Thewor
sea critical
thines:uestion,
s and the thereMor
partice, ulais whether
r ris 2s andorper not
ils Captain
oM the Tayong1s
the tur#o-rights
chargunder
Tayong had reasona# le grounds to #elieve
voyage he is to em#ar2 upon) The applica#le principle is that that the saMety oM Philippine law)
vessel, constituted
the
the vessel
captainand hasthe crew under his command oM
control You're Reading aorPreview
oM all departments the possi#ility
service in the insu#ordinate #eh
vessel, and reasona#le discretion as to its navigation) (t is the that decision oM C
right and duty oM the captain, in the exercise oM sound #asis Mor the summ
discretion and in good Maith, Unlocktofull doaccess with awith
all things free respect
trial. to termination oM hi
the vessel and its e:uipment and conduct oM the voyage expiration oM the te
which are reasona#ly necessary Mor the protection and oM the <ARC to #e
preservation oM the interests Download
under hisWith charge, Free Trial those
whether an excess or los
#e oM the shipowners, charterers, cargo owners or oM conclusion and ma
underwriters) (t is a #asic principle oM admiralty law that in
navigating a merchantman, the master must #e leMt Mree to Clearly, petitione
4CC+RB(<8Am, petitioners having Mailed to show grave a#use the part oM the <A
exercise his own #est cudgment) Compagnie de Commerce v) decision to wait Mo
oM discretion amounting to loss or excess oM curisdiction on Petition Mor Certior
*am#urg 59 is instructive in this connection) There, this sailing Mrom %ingap
Court recognized the discretionary authority oM the master oM oM their a#ility to w
a vessel and his right to exercise his #est cudgment, with ship captain) 4ssu
respect to navigating the vessel he commands prerogative, that
exercised, in the c
The critical :uestion, thereMore, is whether or not Captain Tayong1s rights und
Tayong had reasona#le grounds to #elieve that the saMety oM Philippine law)
the vessel and the crew under his command or the possi#ility

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