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AMELIA J. DELOS SANTOS v. JEBSEN MARITIME

This case has been cited 4 times or more.

	GR No. 211882 2015-07-29	ELBURG SHIPMANAGEMENT PHILS. v. ERNESTO S. QUIOGUE MENDOZA, J.
The CA was also correct when it deleted the award for attorney's fees for failure of the LA to explain Quiogue's entitlement thereto. It must be stressed, as correctly observed by the CA, that there must always be a factual basis for the award of attorney's fees. In fine, the factual, legal or equitable justification for the award must be set forth in the text of the decision. The matter of attorney's fees cannot be touched once and only in the fallo of the decision or else, the award should be thrown out for being speculative and conjectural. In the absence of a stipulation, the attorney's fees are ordinarily not recoverable; otherwise a premium shall be placed on the right to litigate.[45]
	GR No. 184318 2014-02-12	ANTONIO E. UNICA v. ANSCOR SWIRE SHIP MANAGEMENT CORPORATION PERALTA, J.
Respondent could not have disembarked petitioner on the date of the termination of his employment contract, because the vessel was still in the middle of the sea. Clearly, it was impossible for petitioner to safely disembark immediately upon the expiration of his contract, since he must disembark at a convenient port. Thus, petitioner's stay in the vessel for another 20 days should not be interpreted as an implied extension of his contract. A seaman need not physically disembark from a vessel at the expiration of his employment contract to have such contract considered terminated.[7] It is a settled rule that seafarers are considered contractual employees. Their employment is governed by the contracts they sign everytime they are rehired and their employment is terminated when the contract expires. Their employment is contractually fixed for a certain
	GR Nos. 182978-79 2009-04-07	BECMEN SERVICE EXPORTER v. SPS. SIMPLICIO YNARES-SANTIAGO, J.
The terms and conditions of Jasmin's 1996 Employment Agreement which she and her employer Rajab freely entered into constitute the law between them. As a rule, stipulations in an employment contract not contrary to statutes, public policy, public order or morals have the force of law between the contracting parties.[18] An examination of said employment agreement shows that it provides for no other monetary or other benefits/privileges than the following: 1,300 rials (or US$247.00) monthly salary;
	GR No. 168210 2008-06-17	COASTAL SAFEWAY MARINE SERVICES QUISUMBING, J.
The employment of seafarers, including claims for death benefits, is governed by the contracts they sign every time they are hired or rehired;[18] and as long as the stipulations therein are not contrary to law, morals, public order or public policy, they have the force of law between the parties.[19] While the seafarer and his employer are governed by their mutual agreement, the POEA rules and regulations[20] require that the POEA Standard Employment Contract be integrated in every seafarer's contract.[21]