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ROBERTO RAVAGO v. ESSO EASTERN MARINE

This case has been cited 3 times or more.

	GR NO. 161104 2006-09-27	NYK-FIL SHIP MANAGEMENT INC. v. NLRC CARPIO MORALES, J.
A seafarer is a contractual, not a regular employee, and his employment is contractually fixed for a certain period of time.[39] His employment, including claims for death or illness compensations, is governed by the contract he signs every time he is hired,[40] and is not rooted from the provisions of the Labor Code.[41]
	GR NO. 148893 2006-07-12	SKIPPERS UNITED PACIFIC v. NLRC AUSTRIA-MARTINEZ, J.
A seafarer is not a regular employee as defined in Article 280 of the Labor Code. Hence, he is not entitled to full backwages and separation pay in lieu of reinstatement as provided in Article 279 of the Labor Code.[25] Seafarers are contractual employees whose rights and obligations are governed primarily by the POEA Standard Employment Contract for Filipino Seamen, the Rules and Regulations Governing Overseas Employment, and, more importantly, by Republic Act (R.A.) No. 8042, or the Migrant Workers and Overseas Filipinos Act of 1995.[26] While the POEA Standard Employment Contract for Filipino Seamen and the Rules and Regulations Governing Overseas Employment do not provide for the award of separation or termination pay,[27] Section 10 of R.A. 8042 provides for the award of money claims in cases of illegal dismissals, thus:Section 10. Money Claims. x x x
	GR NO. 148130 2006-06-16	PETROLEUM SHIPPING LIMITED v. NLRC CARPIO, J.
In Ravago v. Esso Eastern Marine, Ltd.,[14] the Court traced its ruling in a number of cases that seafarers are contractual, not regular, employees. Thus, in Brent School, Inc. v. Zamora,[15] the Court cited overseas employment contract as an example of contracts where the concept of regular employment does not apply, whatever the nature of the engagement and despite the provisions of Article 280 of the Labor Code. In Coyoca v. NLRC,[16] the Court held that the agency is liable for payment of a seaman's medical and disability benefits in the event that the principal fails or refuses to pay the benefits or wages due the seaman although the seaman may not be a regular employee of the agency.