Santiago vs CF Sharp Crew Management

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UNILAND RESOURCES VS

Samson vs Judge Daway

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Santiago vs CF Sharp Crew Management Facts:

The petitioner, Paul Santiago, had been working as a seafarer for respondent for 5 ye Petitioner signed a new contract of employment with the respondent with the duratio nine months. He was scheduled to be deployed on board at the MSV Seaspread to leae the port of Manila for !anada. The dispute happened when the respondent receied a call from petitioner"s wife.  #llegedly Santiago"s wife warned the respondent that Santiago Santiago might $umped ship in !anada. %ecause of this information the respondent cancelled the scheduled deploym of Santiago. Petitioner filed a complaint for illegal dismissal, damages and attorney"s fees against respondent. The case was decided by the &abor #rbiter in faor of the petitioner. &abor #rbiter ruled that the employment contract remained alid but had not commenced since petitioner was not deployed. Therefore, the respondent iolated th rules and regulations goerning oerseas employment causing petitioner to suffer ac damages representing salary for ' months. The respondent contended that &# and (&)! hae no $urisdiction to award petition monetary claims on the ground that employment of the petitioner did not commence  because his deployment was withheld for a alid reason. Thus, the controersy inol  breach of contractual obligations and as such is cogni*able by ciil courts. Issue:

+oes the &abor #rbiter or (&)! hae $urisdiction oer cases inoling oerseas work

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+espite the absence of an employer-employee relationship between petitioner and

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UNILAND RESOURCES VS

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