[G.R. No. 177948, March 14, 2008]
FLOURISH MARITIME SHIPPING and LOLITA UY, Petitioners, vs. DONATO A. ALMANZOR,
This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court assailing the Decision of the Court of Appeals dated February 27, 2007 and its Resolution dated May 18, 2007 in CA-G.R. SP No. 95056. The assailed Decision affirmed with modification the Decision of the National Labor Relations Commission (NLRC) dated April 28, 2006 in NLRC NCR CA NO. 046596-05 which, in turn, affirmed the Decision of Labor Arbiter Lutricia F. Quitevis-Alconcel, dated October 7, 2005 in OFW NLRC CASE NO. (M) 05-01-0243-00.
The facts of the case are as follows:
Respondent Donato A. Almanzor entered into a two-year employment contract with Flourish Maritime Shipping as fisherman, with a monthly salary of NT15,840.00 with free meals every day. It was, likewise, agreed that respondent would be provided with suitable accommodations.
On October 1, 2004, respondent was deployed to Taipei, Taiwan as part of the crew of a fishing vessel known as FV Tsang Cheng 66. Respondent was surprised to learn that there were only five (5) crew members on board and he had to buy his own food, contrary to the agreed stipulation of free food and accommodation.
While on board, the master of the vessel gave respondent orders which he could not understand; thus, he failed to obey him. Consequently, enraged at not being obeyed, the master struck him, hitting the right dorsal part of his body. He then requested medical assistance, but the master refused. Hence, he sought the help of petitioner Lolita Uy (the manning agency owner), who then talked to the master of the vessel.