[G.R. No. 185412 :November 16, 2011]
GILBERT QUIZORA, PETITIONER, VS. DENHOLM CREW MANAGEMENT (PHILIPPINES), INC., RESPONDENT.
D E C I S I O N
MENDOZA, J.:
Before this Court is a petition for review challenging the September 10, 2008 Decision1 of the Court of Appeals (CA), which set aside the Resolutions2 of the National Labor Relations Commission (NLRC) dated September 20, 2004 and May 24, 2005, and reinstated the Decision of the Labor Arbiter (LA) dated June 27, 2002.
Records show that in 1992, Denholm Crew Management (Philippines), Inc. (respondent company), a domestic manning agency that supplied manpower to Denklav Maritime Services, Ltd. (Denklav), a foreign maritime corporation, hired the services of Gilbert Quizora (petitioner) to work as a messman on board the international vessels of Denklav. Based on Article 4.2 of the Collective Bargaining Agreement3 (CBA) entered into by and between the Association of Marine Officers and Seamen Union of the Philippines (AMOSUP) and Denholm Ship Management (Singapore) Ltd., represented by Denklav, his contractual work as messman was considered terminated upon the expiration of each contract. Article 5.1 thereof provided that the duration of his sea service with respondent company was nine (9) months depending on the requirements of the foreign principal. After the end of a contract for a particular vessel, he would be given his next assignment on a different vessel. His last assignment was from November 4, 1999 to July 16, 2000 on board the vessel "MV Leopard."
After the expiration of his contract with "MV Leopard," petitioner was lined up for another assignment to a different vessel, but he was later disqualified for employment and declared unfit for sea duty after he was medically diagnosed to be suffering from"venous duplex scan (lower extremities) deep venous insufficiency, bilateral femoral and superficial femoral veins and the (L) popliteal vein."
The Facts
Records show that in 1992, Denholm Crew Management (Philippines), Inc. (respondent company), a domestic manning agency that supplied manpower to Denklav Maritime Services, Ltd. (Denklav), a foreign maritime corporation, hired the services of Gilbert Quizora (petitioner) to work as a messman on board the international vessels of Denklav. Based on Article 4.2 of the Collective Bargaining Agreement3 (CBA) entered into by and between the Association of Marine Officers and Seamen Union of the Philippines (AMOSUP) and Denholm Ship Management (Singapore) Ltd., represented by Denklav, his contractual work as messman was considered terminated upon the expiration of each contract. Article 5.1 thereof provided that the duration of his sea service with respondent company was nine (9) months depending on the requirements of the foreign principal. After the end of a contract for a particular vessel, he would be given his next assignment on a different vessel. His last assignment was from November 4, 1999 to July 16, 2000 on board the vessel "MV Leopard."
After the expiration of his contract with "MV Leopard," petitioner was lined up for another assignment to a different vessel, but he was later disqualified for employment and declared unfit for sea duty after he was medically diagnosed to be suffering from"venous duplex scan (lower extremities) deep venous insufficiency, bilateral femoral and superficial femoral veins and the (L) popliteal vein."
