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    Shieremell Diaz
    Rogelio Jalit was hired by Cargo Safeway as the Master of the vessel M/V Nord Setouchi for nine months. However, he was dismissed only a month into his contract due to an alleged communication problem with the charterer. Jalit argued that he was denied due process since he was dismissed without notice or a hearing. The labor arbiter and NLRC ruled against Jalit, but awarded nominal damages for the due process violation. The CA denied Jalit's appeal. However, the Supreme Court granted Jalit's petition and reversed the lower courts' rulings, finding in favor of Jalit.

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    Rogelio Jalit was hired by Cargo Safeway as the Master of the vessel M/V Nord Setouchi for nine months. However, he was dismissed only a month into his contract due to an alleged communication problem with the charterer. Jalit argued that he was denied due process since he was dismissed without notice or a hearing. The labor arbiter and NLRC ruled against Jalit, but awarded nominal damages for the due process violation. The CA denied Jalit's appeal. However, the Supreme Court granted Jalit's petition and reversed the lower courts' rulings, finding in favor of Jalit.

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    Rogelio Jalit was hired by Cargo Safeway as the Master of the vessel M/V Nord Setouchi for nine months. However, he was dismissed only a month into his contract due to an alleged communication problem with the charterer. Jalit argued that he was denied due process since he was dismissed without notice or a hearing. The labor arbiter and NLRC ruled against Jalit, but awarded nominal damages for the due process violation. The CA denied Jalit's appeal. However, the Supreme Court granted Jalit's petition and reversed the lower courts' rulings, finding in favor of Jalit.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    66 views2 pages

    3

    Uploaded by

    Shieremell Diaz
    Rogelio Jalit was hired by Cargo Safeway as the Master of the vessel M/V Nord Setouchi for nine months. However, he was dismissed only a month into his contract due to an alleged communication problem with the charterer. Jalit argued that he was denied due process since he was dismissed without notice or a hearing. The labor arbiter and NLRC ruled against Jalit, but awarded nominal damages for the due process violation. The CA denied Jalit's appeal. However, the Supreme Court granted Jalit's petition and reversed the lower courts' rulings, finding in favor of Jalit.

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    ROGELIO H. JALIT, SR. PETITIONER, VS. CARGO SAFEWAY INC.

    , KAMIUMA KISEN
    COMPANY LIMITED, AND SHINME KISENSANGYO COMPANY LIMITED
    RESPONDENTS.

    LOPEZ, J., J.:

    FACTS:

    Cargo Safeway is a manning agency organized and existing under


    Philippine laws while Kamiuma and Shinme are its accredited foreign principals.

    Jalit was hired by Cargo Safeway through a Contract of Employment whereby he will serve
    as Master of the vessel M/V Nord Setouchi for nine months.

    Prior to the foregoing contract, Jalit was similarly engaged by Cargo Safeway as Master for
    M/V Atlantic Diana.

    Jalit was deployed at sea on board M/V Nord Setouchi. Then, Jalit was notified by Cargo
    Safeway that he was among those crew members to be replaced and was ordered to
    disembark from the ship on May 18, 2012. Thus, on the same day, Jalit called Shinme's
    office in Japan to ask for an explanation. Then he received an e-mail from a certain Mr.
    Tanimizu of Shinme, who explained that his dismissal was due to a communication problem
    with the charterer

    Jalit was thus immediately dismissed as Master ofM/V Nord Setouchi by the respondents,
    due to his delayed response to the charterer's request for information regarding the vessel
    via e-mail.

    Jalit was repatriated.


    ● government authorities at the port, as acknowledged by Mr. Arikawa himself in the
    aforementioned e-mail dated May 14, 2012;
    ● Jalit referred the charterer's request for information to Shinme since height
    measurements and aerial draft restrictions of the vessel are information readily
    available to the ship owner and its agents

    [Contention of the Respondents]


    Respondents averred that as Master of MN Nord Setouchi:
    ● Jalit was given instructions through e-mails, which he unreasonably failed to follow;
    ● Jalit had difficulty managing International Ship Management Code (ISM Code/ISPS)
    which has been brought to his attention;
    ● Jalit continuously failed to address queries of shipowners and respondents; and
    ● Jalit's refusal to respond to queries of the ship owner and respondents caused
    setbacks in its operations
    [LA Ruling]
    After the parties failed to arrive at an amicable settlement, Labor Arbiter dismissed Jalit's
    complaint for lack of substantial basis. However, Jalit was awarded nominal damages in the
    amount of P30,000.00 for respondent's violation of the twin requirements of notice and
    hearing.

    [NLRC Ruling]
    Jalit appealed the LA's decision before the NLRC, NLRC rendered a Decision24 dated March
    14, 2013, denying Jalit's appeal. Jalit then filed the Motion for Reconsideration, which the
    NLRC denied in its Resolution.

    [CA Ruling]
    Aggrieved, Jalit filed a Petition for Certiorari Under Rule 65 of the
    Rules of Court before the CA, which was denied in a Decision.

    Thence, this Petition.

    evidence to show that Jalit continuously failed to address the queries of the shipowners and
    respondents which caused setbacks in its operations.

    WHEREFORE, the instant petition is GRANTED. The Decision of the Court of Appeals
    dated November 24, 2017 and the Resolution dated March 8, 2018 in C.A. G.R. SP No.
    135137 are REVERSED and SET ASIDE.

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