G.R. No. 175366 : August 11, 2008
J-PHIL MARINE, INC. and/or JESUS CANDAVA and NORMAN SHIPPING SERVICES, petitioners, v. NATIONAL LABOR RELATIONS COMMISSION and WARLITO E. DUMALAOG, Respondents. D E C I S I O N
CARPIO MORALES, J.:
Warlito E. Dumalaog (respondent), who served as cook aboard vessels plying overseas, filed on March 4, 2002 before the National Labor Relations Commission (NLRC) a pro-forma complaint1 against petitioners ─ manning agency J-Phil Marine, Inc. (J-Phil), its then president Jesus Candava, and its foreign principal Norman Shipping Services ─ for unpaid money claims, moral and exemplary damages, and attorney's fees. Respondent thereafter filed two amended pro forma complaints2 praying for the award of overtime pay, vacation leave pay, sick leave pay, and disability/medical benefits, he having, by his claim, contracted enlargement of the heart and severe thyroid enlargement in the discharge of his duties as cook which rendered him disabled. Respondent's total claim against petitioners was P864,343.30 plus P117,557.60 representing interest and P195,928.66 representing attorney's fees.3 cra By Decision4 of August 29, 2003, Labor Arbiter Fe Superiaso-Cellan dismissed respondent's complaint for lack of merit. On appeal,5 the NLRC, by Decision of September 27, 2004, reversed the Labor Arbiter's decision and awarded US$50,000.00 disability benefit to respondent. It dismissed respondent's other claims, however, for lack of basis or jurisdiction.6 Petitioners' Motion for Reconsideration7 having been denied by the NLRC,8 they filed a petition for certiorari 9 before the Court of Appeals. By Resolution10 of September 22, 2005, the Court of Appeals dismissed petitioners' petition for, inter alia, failure to attach to the petition all material documents, and for defective verification and certification. Petitioners' Motion for Reconsideration of the...