This case has been cited 5 times or more.
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2014-11-24 |
SERENO, C.J. |
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| The contract was already perfected on the date of its execution, which occurred when petitioner and respondent agreed on the object and the cause, as well as on the rest of the terms and conditions therein. Naturally, contemporaneous with the perfection of the employment contract was the birth of certain rights and obligations, a breach of which may give rise to a cause of action against the erring party.[16] Also, the POEA Standard Contract must be recognized and respected. Thus, neither the manning agent nor the employer can simply prevent a seafarer from being deployed without a valid reason.[17] | |||||
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2012-02-15 |
PEREZ, J. |
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| The commencement of an employer-employee relationship must be treated separately from the perfection of an employment contract. Santiago v. CF Sharp Crew Management, Inc.,[14] which was promulgated on 10 July 2007, is an instructive precedent on this point. In said case, petitioner was hired by respondent on board "MSV Seaspread" for US$515.00 per month for nine (9) months, plus overtime pay. Respondent failed to deploy petitioner from the port of Manila to Canada. We made a distinction between the perfection of the employment contract and the commencement of the employer-employee relationship, thus: The perfection of the contract, which in this case coincided with the date of execution thereof, occurred when petitioner and respondent agreed on the object and the cause, as well as the rest of the terms and conditions therein. The commencement of the employer-employee relationship, as earlier discussed, would have taken place had petitioner been actually deployed from the point of hire. Thus, even before the start of any employer-employee relationship, contemporaneous with the perfection of the employment contract was the birth of certain rights and obligations, the breach of which may give rise to a cause of action against the erring party.[15] | |||||
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2012-02-08 |
PERALTA, J. |
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| In Santiago v. CF Sharp Crew Management, Inc.,[21] the Court held that the employment contract did not commence when the petitioner therein, a hired seaman, was not able to depart from the airport or seaport in the point of hire; thus, no employer-employee relationship was created between the parties. | |||||
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2012-01-18 |
PEREZ, J. |
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| We rule that distinction must be made between the perfection of the employment contract and the commencement of the employer-employee relationship. The perfection of the contract, which in this case coincided with the date of execution thereof, occurred when petitioner and respondent agreed on the object and the cause, as well as the rest of the terms and conditions therein. The commencement of the employer-employee relationship, as earlier discussed, would have taken place had petitioner been actually deployed from the point of hire. Thus, even before the start of any employer-employee relationship, contemporaneous with the perfection of the employment contract was the birth of certain rights and obligations, the breach of which may give rise to a cause of action against the erring party. Thus, if the reverse had happened, that is the seafarer failed or refused to be deployed as agreed upon, he would be liable for damages.[34] | |||||
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2008-12-10 |
AUSTRIA-MARTINEZ, J. |
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| The subject invoices stipulate that in case of judicial proceedings to enforce collection, respondent shall pay petitioner an amount equivalent to not less than 20% of the amount due for and as attorney's fees, in addition to costs of suit. However, the Court finds that the rate of 20% is excessive. Accordingly, the award for attorney's fees is reduced to a more reasonable rate of 10% of the total amount due.[54] | |||||