G.R. No. 182262 - ROMULO B. DELA ROSA, VS. MICHAELMAR PHILIPPINES, INC., SUBSTITUTED BY OSG SHIPMANAGEMENT MANILA, INC.,* AND/OR MICHAELMAR SHIPPING SERVICES, INC..DECISION - Supreme Court E-Library

Ruling

WHEREFORE, a Decision is hereby rendered DISMISSING the case for lack of merit. [7] Dela Rosa appealed to the National Labor Relations Commission (NLRC). On July 29, 2005, the NLRC issued a Resolution [8] dismissing the appeal and affirming the LA. In so ruling, the NLRC sustained respondents claim that Dela Rosa neglected his duty as 3rd Engineer and abandoned his job, justifying the termination of his employment. Dela Rosa filed a motion for reconsideration, [9] but the NLRC denied it on November 24, 2005. [10] Dela Rosa then went to the CA via certiorari . On January 31, 2007, the CA rendered a Decision [11] reversing the NLRC. It held that respondents failed to allege and prove with particularity the charges against Dela Rosa. The particular acts which would indicate Dela Rosas unsatisfactory performance were neither specified nor described in the warning letter and were never entered in the ships logbook. It declared respondents pieces of evidence as self-serving, which could not support the findings of lawful termination. The CA added that Dela Rosas alleged incompetence, disobedience, and refusal to work while on board MT Goldmar did not constitute a clear case of insubordination and abandonment of work that would warrant his termination. The CA decreed that: WHEREFORE , the foregoing considered, the Petition is GRANTED and the assailed Resolutions are ANNULLED and SET ASIDE . Accordingly , Petitioner Romulo B. dela Rosa is hereby declared to have been illegally dismissed from employment and private respondents are therefore ordered to pay him his salaries corresponding to the unexpired portion of his employment contract. No costs. SO ORDERED.