Cervantes v. PAL Maritime (G.R. No. 175209; January 16, 2013)

CASE DIGEST: ROLANDO L. CERVANTES, Petitioner, v. PAL MARITIME CORPORATION and/or WESTERN SHIPPING AGENCIES, PTE., LTD.,Respondents. (G.R. No. 175209; January 16, 2013).

FACTS: Petitioner Rolando Cervantes (Cervantes) was hired as Master on board the vessel M/V Themistocles by respondent PAL Maritime Corporation, the manning agent of respondent Western Shipping Agencies, PTE., LTD., (Western Shipping) for a 10-month period.

The owner of the vessel sent a telex message to Cervantes enumerating several complaints regarding his poor performance. On the following day, Cervantes replied and imputed ill- motive on the part of the foreign inspectors who were making false accusations against Filipino crew members. He sent another telex message stating that: ANYHOW TO AVOID REPETITION [ON] MORE HARSH REPORTS TO COME. BETTER ARRANGE MY RELIEVER [AND] C/O BUSTILLO RELIEVER ALSO. UPON ARR NEXT USA LOADING PORT FOR THEIR SATISFACTION.

In response to said message, Western Shipping sent a letter informing Cervantes that: OWNERS HAVE DECIDED TO RELIEVE YOU UPON PASSING PANAMA CANAL OR NEXT CONVENIENT PORT. WE TRUST THIS PRE-MATURED ENDING OF CONTRACT IS MUTUALLY AGREED AND FOR THE BENEFITS OF ALL PARTIES CONCERNED.

Cervantes replied: HV NO CHOICE BUT TO ACCEPT YR DECISION. TKS ANYHOW FOR RELIEVING ME IN NEXT CONVENIENT PORT WILL EASE THE BURDEN THAT I HV FELT ONBOARD. REST ASSURE VSL WILL BE TURNED OVER PROPERLY TO INCOMING MASTER.When Cervantes was repatriated to Manila, he filed a complaint for illegal dismissal before the Labor Arbiter. The Labor Arbiter ruled that he was illegally dismissed.

On appeal, the NLRC reversed the decision of the Labor Arbiter. The Court of Appeals affirmed the NLRC's decision. Hence, this present petition for review.

ISSUE: Did Cervantes resigned or was terminated from his employment?

HELD: Resignation is the voluntary act of an employee who finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service, such that he has no other choice but to disassociate himself from his employment. This is precisely what obtained in this case. The statements in Cervantes' telex message is plain and straightforward.

Cervantes also failed to substantiate his claim that he and the Filipino crew members were being subjected to racial discrimination on board. DENIED.