INTER-ORIENT MARITIME ENTERPRISES, INTER-ORIENT ENTERPRISES, INC., SEA HORSE SHIP, INC. and TRENDA WORLD SHIPPING (MANILA), INC., petitioners, vs. NATIONA NAT IONAL L LAB LABOR OR REL RELATI ATIONS ONS COM COMMIS MISSIO SION N and RIZA RIZALIN LINO O D. TAY TAYONG ONG,, respondents.
On 16 July 1989, while at the Port of Hongkong and in the process of unloading carg ca rgo, o, a apt ptai ain n !ayo yong ng re rece ceiv ived ed a we weat athe herr re repo port rt th that at a st stor or" " co code de#n #na" a"ed ed $%ordon$ would shortly hit Hongkong. Precautionary "easures were taken to secure the safety of the vessel, as well as its crew. On &1 July 1989, aptain !ayong followed#up the re'uisition (y the for"er captain Oceanic c Mindo Mindoro ro for supplies of o)ygen and acetylene, necessary for the of the the Oceani welding#repair of the vessel*s leaking tur(o#charger and the econo"i+er. route te fro" Hongkong hile hil e th the e ve vess ssel el wa was s en rou Hongkong to -ing -ingapor apore, e, apt aptain ain !ayon yong g reported that the vessel had stopped in "id#ocean for si) 6/ hours and forty#five 0/ "inutes due to a leaking econo"i+er. He was instructed to shut down the econo"i+er econo"i+ er and use the au)iliary (oiler instead. 4
hen the vessel arrived at the port of -ingapore, the hief 2ngineer re"inded aptain !ayong that the o)ygen and acetylene supplies had not (een delivered. aptain !ayong !ayong called the shipowner, shipowner, -ea Horse -hip 3anage"ent, 4td., in 4ondon and an d inf infor" or"ed ed th the" e" th that at the de depar partur ture e of the vessel vessel fo forr -ou -outh th 5fr 5frica ica "ay (e 8 affected (ecause of the delay in the delivery of the supplies. He was advised to contact 3r. lark, the !echnical irector, for a solution for the supply of said o)ygen and acetylene. 9 3r. lark responded that (y shutting off the water to the tur(o chargers and using the au)iliary (oiler, there should (e no further pro(le"s. aptain !ayong, however, co""unicated to -ea Horse his reservations regarding proceeding to -outh 5frica without the re'uested supplies, and was advised to wait forr th fo the e su supp ppli lies es.. On 5u 5ugu gust st 1, 19 1989 89,, th the e su supp ppli lies es we were re de deli live vere red d an and d th they ey i""ediately sailed for 7ichard ay. hen the vessel arrived at the port of 7ichard ay, -outh 5frica on 5ugust 16, 1989, aptain !ayong was instructed to turn#over his post to the new captain. He was thereafter repatriated to the Philippines, without (eing infor"ed of the charges against hi".
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!he PO25 dis"issed the co"plaint for illegal dis"issal filed (y aptain !ayong, holding that there was valid cause for his unti"ely repatriation. !he 47 reversed and set aside the decision of the PO25 and directed petitioners to pa pay y the aptain aptain a/ his salary salary fo forr th the e un une)p e)pire ired d po porti rtion on of th the e co contr ntrac actt at :-;1,9<<.<< a "onth, plus one 1/ "onth leave (enefit= and (/ attorney>s fees e'uivalent to ten percent 1/ of the total award due. @ssueA hether or not apt. !ayong*s refusal to sail fro" -ingapore to -outh 5frica without the supply of said o)ygen and acetylene was an actual and sufficient (asis for the alleged loss of trust or confidence on the part of the petitionerB 7uling 5 "aster or captain, for purposes of "ariti"e co""erce, is one who has co""and of a vessel. 5 captain co""only perfor"s three C/ distinct rolesA 1/ he is a general agent of the shipowner= &/ he is also co""ander and technical director of the vessel= and C/ he is a representative of the country under whose flag he navigates. ! Of these roles, (y far the "ost i"portant is the role perfor"ed (y the captain as co""ander of the vessel= for such role which, to our "ind, is analogous to that of $hief 2)ecutive Officer$ D2OE of a present#day corporate enterprise/ has to do with the operation and preservation of the vessel during its voyage and the protection of the passengers if any/ and crew and cargo. @t is a (as (asic ic pri princi nciple ple of ad ad"ir "iralt alty y law tha thatt in nav naviga igatin ting g a "e "erc rchan hant" t"an, an, the "aster "ust (e left free to e)ercise his own (est Fudg"ent. !he re'uire"ents of safe sa fe na navi viga gati tion on co co"p "pel el us to re reFe Fect ct an any y su sugg gges esti tion on th that at th the e Fu Fudg dg"e "ent nt an and d discretion of the captain of a vessel "ay (e confined within a straitFacket, even in this age of electronic co""unications. "" @ndeed, if the ship captain is convinced convinced,, as a re reas ason ona( a(ly ly pr prud uden entt an and d co co"p "pet eten entt "a "ari rine nerr ac acti ting ng in go good od fa fait ith h th that at th the e shipowner>s shipowner >s or ship agent>s instructions insisted upon (y radio or telefa) fro" their offices offi ces thousands thousands of "ile "iles s awa away/ y/ will resu result, lt, in the very specific specific circ circu"s u"stanc tances es facing hi", in i"posing unaccepta(le risks of loss or serious danger to ship or crew, he cannot casually seek a(solution fro" his responsi(ility, if a "arine casualty occurs, in such instructions. "# !he critical 'uestion, therefore, is whether or not aptain !ayong had reasona(le grounds to (elieve that the safety of the vessel and the crew under his co""and or the possi(ility of su(stantial delay at sea re'uired hi" to wait for the delivery of the
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supplies needed for the repair of the tur(o#charg supplies tur(o#charger er and the econ econo"i+ o"i+er er (efo (efore re e"(arking on the long voyage. :nder all the circu"stances of this case, we, along with the 47, are una(le to hold that aptain !ayong>s decision arrived at after consultation with the vessel>s hief 2ngineer/ to wait seven G/ hours in -ingapore for the delivery on (oard the Oceani Oce anic c Mindoro Mindoro of the re'u re'uisitio isitioned ned sup supplies plies nee needed ded for the weld welding#r ing#repair epair,, on (oard the ship, of the tur(o#charger and the econo"i+er e'uip"ent of the vessel, constituted "erely ar(itrary, capricious or grossly insu(ordinate (ehavior on his part.
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