boarding “MSV Seaspread” constitutes a breach of contract, giving rise to petitioner’s cause of

VOL. 527, JULY 10, 2007 165 action. Respondent unilaterally and unreasonably reneged on its obligation to deploy petitioner
and must therefore answer for the actual damages he suffered.
Santiago vs. CF Sharp Crew Management, Inc.
Same; Same; Same; The fact that the Philippine Overseas Employment Administration (POEA)
*
Rules are silent as to the payment of damages to the affected seafarer does not mean that the
G.R. No. 162419. July 10, 2007. seafarer is precluded from claiming the same.—We take exception to the Court of Appeals’
conclusion that damages are not recoverable by a worker who was not deployed by his agency.
PAUL V. SANTIAGO, petitioner, vs. CF SHARP CREW MANAGEMENT, INC., respondent. The fact that the POEA Rules are silent as to the payment of damages to the affected seafarer
does not mean that the seafarer is precluded from claiming the same. The sanctions provided for
non-deployment do not end with the suspension or cancellation of license or fine and the return of
Labor Law; Employer-Employee Relationships; Seafarers;  Considering that petitioner was not
all documents at no cost to the worker. They do not forfend a seafarer from instituting an action
able to depart from the airport or seaport in the point of hire, the employment contract did not
for damages against the employer or agency which has failed to deploy him.
commence and no employer-employee relationship was created between the parties.—There is no
question that the parties entered into an employment contract on 3 February 1998, whereby 167
petitioner was contracted by respondent to render services on board “MSV Seaspread” for the
consideration of US$515.00 per month for nine (9) months, plus overtime pay. However,
respondent failed to deploy petitioner from the port of Manila to Canada. Considering that VOL. 527, JULY 10, 2007 167
petitioner was not able to depart from the airport or seaport in the point of hire, the employment Santiago vs. CF Sharp Crew Management, Inc.
contract did not commence, and no employer-employee relationship was created between the
parties.
Same; Same; Distinction must be made between the perfection of the employment contract and Same; Same; Despite the absence of an employer-employee relationship between petitioner and
the commencement of the employeremployee relationship; Even before the start of any employer- respondent, the Court rules that the National Labor Relations Commission (NLRC) has
employee relationship, contemporaneous with the perfection of the employment contract was the jurisdiction over petitioner’s complaint.—Despite the absence of an employeremployee
birth of certain rights and obligations, the breach of which may give rise to a cause of action relationship between petitioner and respondent, the Court rules that the NLRC has jurisdiction
against the erring party.—A distinction must be made between the perfection of the employment over petitioner’s complaint. The jurisdiction of labor arbiters is not limited to claims arising from
contract and the commencement of the employer-employee relation- employer-employee relationships. Section 10 of R.A. No. 8042 (Migrant Workers Act), provides
that: Sec.10.Money Claims.—Notwithstanding any provision of law to the contrary, the Labor
Arbiters of the National Labor Relations Commission (NLRC) shall have the original and
_______________
exclusive jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the
* SECOND DIVISION. complaint, the claims arising out of an employer-employee relationship or by virtue of any law
or contract involving Filipino workers for overseas deployment including claims for
166
actual, moral, exemplary and other forms of damages. x x x [Emphasis supplied] Since the
present petition involves the employment contract entered into by petitioner for overseas
166 SUPREME COURT REPORTS ANNOTATED employment, his claims are cognizable by the labor arbiters of the NLRC.
Same; Same; Seafarers; Respondent liable to pay petitioner actual damages in the form of the
Santiago vs. CF Sharp Crew Management, Inc. loss of nine (9) months’ worth of salary as provided in the contract, petitioner is not entitled to
overtime pay.—Respondent is thus liable to pay petitioner actual damages in the form of the loss
ship. The perfection of the contract, which in this case coincided with the date of execution of nine (9) months’ worth of salary as provided in the contract. He is not, however, entitled to
thereof, occurred when petitioner and respondent agreed on the object and the cause, as well as overtime pay. While the contract indicated a fixed overtime pay, it is not a guarantee that he
the rest of the terms and conditions therein. The commencement of the employeremployee would receive said amount regardless of whether or not he rendered overtime work. Even though
relationship, as earlier discussed, would have taken place had petitioner been actually deployed petitioner was “prevented without valid reason from rendering regular much less overtime
from the point of hire. Thus, even before the start of any employer-employee relationship, service,” the fact remains that there is no certainty that petitioner will perform overtime work
contemporaneous with the perfection of the employment contract was the birth of certain rights had he been allowed to board the vessel. The amount of US$286.00 stipulated in the contract will
and obligations, the breach of which may give rise to a cause of action against the erring party. be paid only if and when the employee rendered overtime work. This has been the tenor of our
Thus, if the reverse had happened, that is the seafarer failed or refused to be deployed as agreed rulings in the case of  Stolt-Nielsen Marine Services (Phils.), Inc. v. National Labor Relations
upon, he would be liable for damages. Commission, 258 SCRA 643 (1996), where we discussed the matter in this light: The contract
Same;  Same;  Seafarers;  Neither the manning agent nor the employer can simply prevent a provision means that the fixed overtime pay of 30% would be the basis for computing the
seafarer from being deployed without a valid reason; Respondent unilaterally and unreasonably overtime pay if and when overtime work would be rendered. Simply stated, the rendition of
reneged on its obligation to deploy petitioner and must therefore answer for the actual damages he overtime
suffered.—While the POEA Standard Contract must be recognized and respected, neither the 168
manning agent nor the employer can simply prevent a seafarer from being deployed without a
valid reason. Respondent’s act of preventing petitioner from departing the port of Manila and
168 SUPREME COURT REPORTS ANNOTATED At the heart of this case involving a contract between a seafarer, on one hand, and the manning
agent and the foreign principal, on the other, is this erstwhile unsettled legal quandary: whether
Santiago vs. CF Sharp Crew Management, Inc. the seafarer, who was prevented from leaving the port of Manila and refused deployment without
valid reason but whose POEA-approved employment contract provides that the employer-
work and the submission of sufficient proof that said work was actually performed are conditions employee relationship shall commence only upon the seafarer’s actual departure from the port in
to be satisfied before a seaman could be entitled to overtime pay which should be computed on the the point of hire, is entitled to relief?
basis of 30% of the basic monthly salary. In short, the contract provision guarantees the right to This treats of the petition for review filed by Paul V. Santiago (petitioner) assailing the
overtime pay but the entitlement to such benefit must first be established. Realistically speaking, Decision and Resolution of the Court 1of Appeals dated 16 October 2003 and 19 February 2004,
a seaman, by the very nature of his job, stays on board a ship or vessel beyond the regular eight- respectively, in CA-G.R. SP No. 68404.
hour work schedule. For the employer to give him overtime pay for the extra hours when he Petitioner had been2
working as a seafarer for Smith Bell Management, Inc. (respondent) for
might be sleeping or attending to his personal chores or even just lulling away his time would be about five (5) years.  On 3
extremely unfair and unreasonable.
Same;  Same;  Attorney’s Fees;  Respondent’s failure to deploy petitioner is unfounded and _______________
unreasonable, forcing petitioner to institute the suit below; Award of attorney’s fees is thus 1 Entitled Paul V. Santiago v. National Labor Relations Commission, et al.
warranted.—The Court also holds that petitioner is entitled to attorney’s fees in the concept of 2 Smith Bell Management, Inc. was substituted by present respondent, CF Sharp Crew Management, Inc. which had
damages and expenses of litigation. Attorney’s fees are recoverable when the defendant’s act or assumed all the contractual obligations of Cable and Wireless (Marine) Ltd. while the case was pending before the Court
omission has compelled the plaintiff to incur expenses to protect his interest. We note that of Appeals. See respondent’s Comment dated 4 April 2002, Records, p. 140. Hence, it should be understood that from that
respondent’s basis for not deploying petitioner is the belief that he will jump ship just like his time on, the appellation “respondent” in
brother, a mere suspicion that is based on alleged phone calls of several persons whose identities
170
were not even confirmed. Time and again, this Court has upheld management prerogatives so
long as they are exercised in good faith for the advancement of the employer’s interest and not for
the purpose of defeating or circumventing the rights of the employees under special laws or under 170 SUPREME COURT REPORTS ANNOTATED
valid agreements. Respondent’s failure to deploy petitioner is unfounded and unreasonable,
forcing petitioner to institute the suit below. The award of attorney’s fees is thus warranted. Santiago vs. CF Sharp Crew Management, Inc.
Same; Same; Seafarers; Nature of Employment; Seafarers are considered contractual employees
and cannot be considered as regular employees under the Labor Code.—We likewise do not see February 1998, petitioner signed a new contract of employment with respondent, with the
respondent’s failure to deploy petitioner as an act designed to prevent the latter from attaining duration of nine (9) months. He was assured of a monthly salary of US$515.00, overtime pay and
the status of a regular employee. Even if petitioner was able to depart the port of Manila, he still other benefits. The following day or on 4 February 1998, the contract was approved by the
cannot be considered a regular employee, regardless of his previous contracts of employment with Philippine Overseas Employment Administration (POEA). Petitioner was to be deployed on board
respondent. In  Millares v. National Labor Relations Commission, 385 SCRA 306 (2002), the the “MSV Seaspread” which was scheduled to leave the port of Manila for Canada on 13 February
Court ruled that seafarers are considered contractual employees and cannot be considered as 1998.
regular employees under the Labor Code. Their employment is governed by the contracts they A week before the scheduled date of departure, Capt. Pacifico Fernandez, respondent’s Vice
sign every time they are rehired President, sent a facsimile message to the captain of “MSV Seaspread,” which reads:
169
“I received a phone call today from the wife of Paul Santiago in Masbate asking me not to send her husband
to MSV Seaspread anymore. Other callers who did not reveal their identity gave me some feedbacks that
Paul Santiago this time if allowed to depart will jump ship in Canada like his brother Christopher Santiago,
VOL. 527, JULY 10, 2007 169 O/S who jumped ship from the C.S. Nexus in Kita-kyushu, Japan last December, 1997.
Santiago vs. CF Sharp Crew Management, Inc. We do not want this to happen again and have the vessel penalized like the C.S. Nexus in Japan.
Forewarned is forearmed like his brother when his brother when he was applying he behaved like a Saint
but in his heart he3 was a serpent. If you agree with me then we will send his replacement.
and their employment is terminated when the contract expires. The exigencies of their work Kindly advise.”
necessitates that they be employed on a contractual basis.
To this message the captain of “MSV Seaspread” replied:
PETITION for review on certiorari of the decision and resolution of the Court of Appeals.
“Many thanks
4
for your advice concerning P. Santiago, A/B. Please cancel plans for him to return to
The facts are stated in the opinion of the Court. Seaspread.”
     Santiago, Agbayani and Talao for petitioner.
     Singson, Valdez and Associates for respondent. _______________

this Decision refers to CF Sharp Crew Management, Inc. instead of Smith Bell, Management, Inc.
TINGA, J.: 3 Rollo, pp. 29-30.
4 Id., at p. 30.
 171 “WHEREFORE, in the light of the foregoing, the assailed Decision dated January 29, 1999 is hereby
AFFIRMED in so far as other claims are concerned and with MODIFICATION by VACATING the award of
actual damages and9 attorney’s fees as well as excluding Pacifico Fernandez as party respondent.
VOL. 527, JULY 10, 2007 171 SO ORDERED.”

Santiago vs. CF Sharp Crew Management, Inc. Petitioner moved for the reconsideration of the NLRC’s Decision but his motion was denied for
10
lack of merit.  He11elevated the case to the Court of Appeals through a petition for certiorari.
On 9 February 1998, petitioner was thus told that he would not be leaving for Canada anymore, In its Decision  dated 16 October 2003, the Court of Appeals noted that there is an ambiguity
but he was reassured that he might be considered for deployment at some future date. in the NLRC’s Decision
Petitioner filed a complaint for illegal dismissal, damages, and 5 attorney’s fees against
respondent and its foreign principal, Cable and Wireless (Marine) Ltd.  The case was raffled to _______________
Labor Arbiter Teresita Castillon-Lora, who ruled that the employment contract remained valid 6 Rollo, at p. 88.
but had not commenced since petitioner was not deployed. According to her, respondent violated 7 Id., at pp. 72-73.
the rules and regulations governing overseas employment when it did not deploy petitioner, 8 Id., at p. 73.
causing petitioner to suffer actual damages representing lost salary income for nine (9) months 9 Id., at p. 76.

and fixed overtime fee, all amounting to US$7,209.00. 10 Resolution dated 9 October 2001; id., at p. 78.
11 Id., at pp. 27-39.
The labor arbiter held respondent liable. The dispositive portion of her Decision dated 29
January 1999 reads: 173

“WHEREFORE, premises considered, respondent is hereby Ordered to pay complainant actual damages in
the amount of US$7,209.00 plus 10% attorney’s fees, payable in Philippine peso at the rate of exchange VOL. 527, JULY 10, 2007 173
prevailing at the time of payment.
All the other claims are hereby DISMISSED for lack of merit. Santiago vs. CF Sharp Crew Management, Inc.

_______________
when it affirmed with modification the labor arbiter’s Decision, because by the very modification
5  The caption of the complaint docketed as NCR-OFW-(M) 9807-0788, reads  Paul  V. Santiago v. Smith Bell introduced by the Commission (vacating the award of actual 12
damages and attorney’s fees), there
Management, Inc. and/or Cable and Wireless (Marine) Ltd./Mr. Jose Pueio/Pacifico T. Fernandez. From the inception of is nothing more left in the labor arbiter’s Decision to affirm.
the case before the labor arbiter until it reached the Court of Appeals, Smith Bell Management, Inc., the foreign principal According to the appellate court, petitioner is not entitled to actual damages because damages
Cable and Wireless (Marine) Ltd. and the officers of Smith Bell Management, Inc. were named as respondents. When the are not recoverable by a worker who was not deployed by his agency within the period prescribed
case reached this Court, petitioner deleted Smith Bell Management, Inc., Cable and Wireless (Marine) Ltd. and the two 13

officers from the caption of the case in all its pleadings filed with the Court, retaining only C.F. Sharp Crew Management,
in the POEA Rules.  It agreed with the NLRC’s finding14that petitioner’s non-deployment was a
Inc. as respondent. For its part, CF Sharp Crew Management, Inc. also referred to itself as the only respondent in all his valid exercise of respondent’s management prerogative.   It added that since petitioner had not
pleadings before the Court. departed from the Port of Manila, no employer-employee relationship between the parties 15
arose
and any claim for damages against the so-called employer could have no leg to stand on.16
172
Petitioner’s subsequent motion for reconsideration was denied on 19 February 2004.
The present petition is anchored on two grounds, to wit:
172 SUPREME COURT REPORTS ANNOTATED
A. The Honorable Court of Appeals committed a serious error of law when it ignored
Santiago vs. CF Sharp Crew Management, Inc. [S]ection 10 of Republic Act [R.A.] No. 8042 otherwise known as the Migrant Worker’s Act
of 1995 as well as Section 29 of the Standard Terms and Conditions Governing the
SO ORDERED.”
6
Employment of Filipino Seafarers On-Board Ocean-Going Vessels (which is deemed
incorporated under the petitioner’s POEA approved Employment Contract) that the
On appeal by respondent, the National Labor Relations Commission (NLRC) ruled that there is claims or disputes of the Overseas Filipino Worker by virtue of a contract fall within the
no employeremployee relationship between petitioner and respondent because under the jurisdiction of the Labor Arbiter of the NLRC.
Standard Terms and Conditions Governing the Employment of Filipino Seafarers on Board B. The Honorable Court of Appeals committed a serious error when it disregarded the
Ocean Going Vessels (POEA Standard Contract), the employment contract shall commence upon required quantum of proof in labor cases,
actual departure of the seafarer from the airport or seaport at the point of hire and with a
POEAapproved contract. In the absence of an employer-employee relationship between the
_______________
parties, the
7
claims for illegal dismissal, actual damages, and attorney’s fees should be
dismissed.  On the other hand, the NLRC found respondent’s
8
decision not to deploy petitioner to 12 Id., at p. 35.
be a valid exercise of its management prerogative.  The NLRC disposed of the appeal in this wise: 13 Interpreting Sec. 4, par. (b), Rule II, Book II, POEA Rules and Regulations Governing Overseas Employment; id., at
p. 36.
14 Id., at p. 36.
 24
15 Id., at p. 38. courts.  On another matter, respondent claims that the second issue25posed by petitioner involves
16 Id., at p. 41. a recalibration of facts which is outside the jurisdiction of this Court.
174 There is some merit in the petition.
There is no question that the parties entered into an employment contract on 3 February 1998,
whereby petitioner was contracted by respondent to render services on board “MSV Seaspread”
174 SUPREME COURT REPORTS ANNOTATED for the consideration of US$515.00 per month for nine (9) months, plus overtime pay. However,
respondent failed to deploy petitioner from the port of Manila to Canada. Considering that
Santiago vs. CF Sharp Crew Management, Inc.
petitioner was not able to depart from the airport or seaport in the point of hire, the employment
contract26 did not commence, and no employer-employee relationship was created between the
which is substantial
17
evidence, thus a total departure from established jurisprudence on parties.
the matter.”
_______________
Petitioner maintains that respondent violated the Migrant Workers Act and the POEA Rules
22 Rollo, pp. 19-20.
when it failed to deploy him within thirty (30) calendar days without a valid reason. In doing so, 23 Id., at p. 21.
it had unilaterally and arbitrarily prevented the consummation of the POEA-approved contract. 24 Id., at pp. 230-235.
Since it prevented his deployment without valid basis, said deployment being a condition to the 25 Id., at p. 237.

consummation of the POEA contract, the contract is deemed consummated, and therefore he 26 Sec. 2 of the POEA Standard Contract lays down the rule as to when the employment contract commences, thus:

should be awarded actual damages, consisting of the stipulated salary and fixed overtime
18 A. The  Employment contract between the employer and the seafarer shall commence upon actual departure of the
pay.  Petitioner adds that since the contract is deemed consummated, he should be considered an seafarer from the airport or seaport in the point of hire and with a POEA approved contract. It shall be effective until the seafarer’s
employee for all intents and purposes, and 19
thus the labor arbiter and/or the NLRC has date of arrival at the point of hire
jurisdiction to take cognizance of his claims. 176
Petitioner additionally claims that he should be considered a regular employee, having worked
for five (5) years on board the same vessel owned by the same principal and manned by the same
local agent. He argues that respondent’s act of not deploying 20
him was a scheme designed to 176 SUPREME COURT REPORTS ANNOTATED
prevent him from attaining the status of a regular employee.
Santiago vs. CF Sharp Crew Management, Inc.
Petitioner submits that respondent had no valid and sufficient cause to abandon the
employment contract, as it merely relied upon alleged phone calls from his wife and other
unnamed callers in arriving at the conclusion21
that he would jump ship like his brother. He points However, a distinction must be made between the perfection of the employment contract and the
out that his wife had executed an affidavit  strongly denying having called respondent, and that commencement of the employer-employee relationship. The perfection of the contract, which in
the other alleged callers did not even disclose this case coincided with the date of execution thereof, occurred when petitioner and respondent
agreed on the object and the cause, as well as the rest of the terms and conditions therein. The
_______________ commencement of the employeremployee relationship, as earlier discussed, would have taken
place had petitioner been actually deployed from the point of hire. Thus, even before the start of
17 Id., at pp. 11 and 19.
18 Id.,
any employer-employee relationship, contemporaneous with the perfection of the employment
at pp. 12-14.
19 Id., at pp. 15-17.
contract was the birth of certain rights and obligations, the breach of which may give rise to a
20 Id., at pp. 17-18. cause of action against the erring party. Thus, if the reverse had happened, that is the seafarer
21 Attached as an annex to petitioner’s Reply to respondent’s Position Paper. failed or refused to be deployed as agreed upon, he would be liable for damages.
Moreover, while the POEA Standard Contract must be recognized and respected, neither the
175
manning agent nor the employer can simply prevent a seafarer from being deployed without a
valid reason.
VOL. 527, JULY 10, 2007 175 Respondent’s act of preventing petitioner from departing the port of Manila and boarding
“MSV Seaspread” constitutes a breach of contract, giving rise to petitioner’s cause of action.
Santiago vs. CF Sharp Crew Management, Inc. Respondent unilaterally and unreasonably reneged on its obligation to deploy petitioner and
must therefore answer for the actual damages he suffered.
22
their identities to respondent.   Thus, it was error for the Court of Appeals to 23adopt the We take exception to the Court of Appeals’ conclusion that damages are 27
not recoverable by a
unfounded conclusion of the NLRC, as the same was not based on substantial evidence. worker who was not deployed by his agency. The fact that the POEA Rules  are
On the other hand, respondent argues that the Labor Arbiter has no jurisdiction to award
petitioner’s monetary claims. His employment with respondent did not commence because his _______________
deployment was withheld for a valid reason. Consequently, the labor arbiter and/or the NLRC upon termination of his employment pursuant to Section 18 of this Contract. [Emphasis supplied]
cannot entertain adjudication of petitioner’s case much less award damages to him. The
controversy involves a breach of contractual obligations and as such is cognizable by civil
24
 28
27 Sec. 4, par. (b), Rule II, Book III of the POEA Rules and Regulations Governing Overseas Employment dated 31 May
rendering regular much less overtime service,”  the fact remains that there is no certainty that
1999 reads: petitioner will perform overtime work had he been allowed to board the vessel. The amount of
177 US$286.00 stipulated in the contract will be paid only if and when the employee rendered
overtime work. This has been the tenor of our rulings in29the case of Stolt-Nielsen Marine Services
(Phils.), Inc. v. National Labor Relations Commission    where we discussed the matter in this
VOL. 527, JULY 10, 2007 177 light:
Santiago vs. CF Sharp Crew Management, Inc. “The contract provision means that the fixed overtime pay of 30% would be the basis for computing the
overtime pay if and when overtime work would be rendered. Simply stated, the rendition of overtime work
and the submission of sufficient proof that said work was actually performed are conditions to be satisfied
silent as to the payment of damages to the affected seafarer does not mean that the seafarer is
before a seaman could be entitled to overtime pay which should be computed on
precluded from claiming the same. The sanctions provided for non-deployment do not end with
the suspension or cancellation of license or fine and the return of all documents at no cost to the
_______________
worker. They do not forfend a seafarer from instituting an action for damages against the
employer or agency which has failed to deploy him. 28 Labor Arbiter’s Decision; Rollo, p. 87.
The POEA Rules only provide sanctions which the POEA can impose on erring agencies. It 29 328 Phil. 161; 258 SCRA 643 (1996).
does not provide for damages and money claims recoverable by aggrieved employees because it is
179
not the POEA, but the NLRC, which has jurisdiction over such matters.
Despite the absence of an employer-employee relationship between petitioner and respondent,
the Court rules that the NLRC has jurisdiction over petitioner’s complaint. The jurisdiction of VOL. 527, JULY 10, 2007 179
labor arbiters is not limited to claims arising from employer-employee relationships. Section 10 of
R.A. No. 8042 (Migrant Workers Act), provides that: Santiago vs. CF Sharp Crew Management, Inc.

“Sec. 10. Money Claims.—Notwithstanding any provision of law to the contrary, the Labor Arbiters of the
the basis of 30% of the basic monthly salary. In short, the contract provision guarantees the right to
National Labor Relations Commission (NLRC) shall have the original and exclusive
overtime pay but the entitlement to such benefit must first be established. Realistically speaking, a seaman,
by the very nature of his job, stays on board a ship or vessel beyond the regular eight-hour work schedule.
_______________ For the employer to give him overtime pay for the extra hours when he might be sleeping or attending
30
to his
personal chores or even just lulling away his time would be extremely unfair and unreasonable.”
Section 4. Worker’s Deployment.—An agency shall deploy its recruits within the deployment period as indicated below:

a. One hundred twenty (120) calendar days from the date of signing of employment contract for all landbased workers; The Court also holds that petitioner is entitled to attorney’s fees in the concept of damages and
b. Thirty (30) calendar days from the date of processing by the administration of the employment contracts of seafarers. expenses of litigation. Attorney’s fees are recoverable when the31 defendant’s act or omission has
Failure of the agency to deploy a worker within the prescribed period without valid reasons shall be a cause for suspension or compelled the plaintiff to incur expenses to protect his interest.  We note that respondent’s basis
cancellation of license or fine. In addition, the agency shall return all documents at no cost to the worker. for not deploying petitioner is the belief that he will jump ship just like his brother, a mere
178
suspicion that is based on alleged phone calls of several persons whose identities were not even
confirmed. Time and again, this Court has upheld management prerogatives so long as they are
exercised in good faith for the advancement of the employer’s interest and not for the purpose of
178 SUPREME COURT REPORTS ANNOTATED defeating or32 circumventing the rights of the employees under special laws or under valid
agreements.   Respondent’s failure to deploy petitioner is unfounded and unreasonable, forcing
Santiago vs. CF Sharp Crew Management, Inc. petitioner to institute the suit below. The award of attorney’s fees is thus warranted.
However, moral damages cannot be awarded in this case. While respondent’s failure to deploy
jurisdiction to hear and decide, within ninety (90) calendar days after the filing of the complaint, the claims petitioner seems baseless and unreasonable, we cannot qualify such action as being tainted with
arising out of an employer-employee relationship  or by virtue of any law or contract involving bad faith, or done deliberately to defeat petitioner’s rights, as to justify the award of moral
Filipino workers for overseas deployment including claims for actual, moral, exemplary and damages. At most, respondent was being overzealous in protecting its
other forms of damages. x x x” [Emphasis supplied]

Since the present petition involves the employment contract entered into by petitioner for _______________
overseas employment, his claims are cognizable by the labor arbiters of the NLRC. 30 Id., at pp. 169-170; p. 650, citing Cagampan v. National Labor Relations Commission, 195 SCRA 533 (1991).
Article 2199 of the Civil Code provides that one is entitled to an adequate compensation only 31 Remigio v. National Labor Relations Commission, G.R. No. 159887, 12 April 2006, 487 SCRA 190, 215.
for such pecuniary loss suffered by him as he has duly proved. Respondent is thus liable to pay 32 San Miguel Corporation v. Ubaldo, G.R. No. 92859, 1 Feburary 1993, 218 SCRA 293, 301.
petitioner actual damages in the form of the loss of nine (9) months’ worth of salary as provided
180
in the contract. He is not, however, entitled to overtime pay. While the contract indicated a fixed
overtime pay, it is not a guarantee that he would receive said amount regardless of whether or
not he rendered overtime work. Even though petitioner was “prevented without valid reason from 180 SUPREME COURT REPORTS ANNOTATED
28
 Santiago vs. CF Sharp Crew Management, Inc.

interest when it became too hasty in making its conclusion that petitioner will jump ship like his
brother.
We likewise do not see respondent’s failure to deploy petitioner as an act designed to prevent
the latter from attaining the status of a regular employee. Even if petitioner was able to depart
the port of Manila, he still cannot be considered a regular employee, regardless of his previous
contracts of33 employment with respondent. In  Millares v. National Labor Relations
Commission,  the Court ruled that seafarers are considered contractual employees and cannot be
considered as regular employees under the Labor Code. Their employment is governed by the
contracts they sign every time they are rehired and their employment is terminated when the
contract
34
expires. The exigencies of their work necessitates that they be employed on a contractual
basis.
WHEREFORE, petition is GRANTED IN PART. The Decision dated 16 October 2003 and the
Resolution dated 19 February 2004 of the Court of Appeals are REVERSED and SET ASIDE. The
Decision of Labor Arbiter Teresita D. CastillonLora dated 29 January 1999 is REINSTATED with
the MODIFICATION that respondent CF Sharp Crew Management, Inc. is ordered to pay actual
or compensatory damages in the amount of US$4,635.00 representing salary for nine (9) months
as stated in the contract, and attorney’s fees at the reasonable rate of 10% of the recoverable
amount.
SO ORDERED.

     Carpio (Actg. Chairperson), Carpio-Morales and Velasco, Jr., JJ., concur.

_______________
33 434 Phil. 524, 537-538; 385 SCRA 306, 318 (2002).
34  This ruling was reiterated in  Pentagon International Shipping, Inc. v. Adelantar,  G.R. No. 157373, 27 July

2004,  435 SCRA 342;  Gu-Miro v. Adorable,  G.R. No. 160952, 20 August 2004,  437 SCRA 162, 169; and  Petroleum
Shipping Ltd. v. National Labor Relations Commission, G.R. No. 148130, 16 June 2006, 491 SCRA 35, 42.

181

VOL. 527, JULY 10, 2007 181

     Quisumbing (Chairperson), J., On Official Leave.

Petition granted in part, judgment and resolution reversed and set aside.

Note.—Extreme caution should be exercised in terminating the services of a worker for his job
may be the only lifeline on which he and his family depend for survival in these difficult times.
(Gutierrez vs. Singer Sewing Machine Company, 411 SCRA 512 [2003])