G.R. No. 179532 - CLAUDIO S. YAP, VS. THENAMARIS SHIP'S MANAGEMENT AND INTERMARE MARITIME AGENCIES, INC..DECISION - Supreme Court E-Library

Ruling

WHEREFORE , in view of the foregoing, a decision is hereby rendered declaring complainant to have been constructively dismissed. Accordingly, respondents Intermare Maritime Agency Incorporated, Thenamaris Ship's Mgt., and Vulture Shipping Limited are ordered to pay jointly and severally complainant Claudio S. Yap the sum of $12,870.00 or its peso equivalent at the time of payment. In addition, moral damages of ONE HUNDRED THOUSAND PESOS (P100,000.00) and exemplary damages of FIFTY THOUSAND PESOS (P50,000.00) are awarded plus ten percent (10%) of the total award as attorney's fees. Other money claims are DISMISSED for lack of merit. SO ORDERED . [6] Aggrieved, respondents sought recourse from the NLRC. In its decision [7] dated January 14, 2005, the NLRC affirmed the LA's findings that petitioner was indeed constructively and illegally dismissed; that respondents' bad faith was evident on their wilful failure to transfer petitioner to another vessel; and that the award of attorney's fees was warranted. However, the NLRC held that instead of an award of salaries corresponding to nine months, petitioner was only entitled to salaries for three months as provided under Section 10 [8] of Republic Act (R.A.) No. 8042, [9] as enunciated in our ruling in Marsaman Manning Agency, Inc. v. National Labor Relations Commission . [10] Hence, the NLRC ruled in this wise: WHEREFORE, premises considered, the decision of the Labor Arbiter finding the termination of complainant illegal is hereby AFFIRMED with a MODIFICATION. Complainant['s] salary for the unexpired portion of his contract should only be limited to three (3) months basic salary. Respondents Intermare Maritime Agency, Inc.[,] Vulture Shipping Limited and Thenamaris Ship Management are hereby ordered to jointly and severally pay complainant, the following: 1. Three (3) months basic salary - US$4,290.00 or its peso equivalent at the time of actual payment. 2. Moral damages - P100,000.00 3. Exemplary damages - P50,000.00 4. Attorney's fees equivalent to 10% of the total monetary award. SO ORDERED.