Captains and Master 11. Petitioners denied that they had illegally dismissed Captain Tayong.

hat they had illegally dismissed Captain Tayong. They claimed that
G.R. No. 115286– Inter Orient Maritime Enterprises v. NLRC he had refused to sail immediately to South Africa to the prejudice and damage of
Feliciano, J. petitioners. Because of the delay, petitioners' vessel was placed "off-hire" by the
charterers for 12 hours, meaning the charterers refused to pay the charter hire or
Captain Rizalino Tayong delayed his vessel’s voyage because of the late arrival of supplies compensation corresponding to twelve 12 hours, amounting to US$15,500.00, due to
needed for the vessel’s repair. He was dismissed by his employers. The Court ruled that the time lost in the voyage. Petitioners stated that they had dismissed Captain Tayong for
delay did not constitute enough legal basis for Captain Tayong’s dismissal, as the Captain loss of trust and confidence.
should be given a reasonable measure of discretionary authority in making decisions 12. The POEA dismissed Captain Tayong's complaint and held that there was valid cause
regarding the safety of the vessel. for his dismissal.
 The delay was caused by Captain Tayong
 His concern for the oxygen and acetylene was not legitimate as these supplies
DOCTRINE were not indispensable for running the vessel
The captain has control of all departments of service in the vessel, and reasonable discretion 13. The NLRC reversed, and ruled that Captain Tayong had not been afforded an
as to its navigation. It is the right and duty of the captain, in the exercise of sound discretion opportunity to be heard and that no substantial evidence was adduced to establish the
and in good faith, to do all things with respect to the vessel and its equipment and conduct basis for petitioners' loss of trust or confidence in the Captain. It also held that Captain
of the voyage which are reasonably necessary for the protection and preservation of the Tayong only acted in accordance with his duties to maintain the seaworthiness of the
interests under his charge. vessel and to insure the safety of the ship and the crew. Petitioners are thus questioning
this decision.
FACTS
1. Private respondent, Captain Rizalino Tayong, was employed by petitioners Trenda ISSUE with HOLDING
World Shipping Manila, Inc. and Sea Horse Ship Management, Inc. through petitioner W/N Captain Tayong was illegally dismissed – YES
Inter-Orient Maritime Enterprises, Inc. as Master of the vessel M/V Oceanic Mindoro for  Captain Tayong did not arbitrarily and maliciously delay the voyage to South Africa.
a period of 1 year. He assumed command of the vessel at the port of Hong Kong where a ship's captain must be accorded a reasonable measure of discretionary authority
he was to proceed to Richard Bay, South Africa. to decide what the safety of the ship and of its crew and cargo specifically requires
2. The vessel was 14 years old and its turbo-charger was leaking. As such, supplies of on a stipulated ocean voyage.
oxygen and acetylene, necessary for the welding-repair of the turbo-charger and the  The applicable principle is that the captain has control of all departments of
economizer, had been previously requisitioned upon the request of the Chief Engineer, service in the vessel, and reasonable discretion as to its navigation. It is the
and approved by the ship owner. Captain Tayong followed up the requisition, which right and duty of the captain, in the exercise of sound discretion and in good
was to be received in Singapore. faith, to do all things with respect to the vessel and its equipment and
3. En route to Singapore, Captain Tayong reported that the vessel had stopped in mid- conduct of the voyage which are reasonably necessary for the protection
ocean for 6 hours and 45 minutes due to a leaking economizer. He was instructed to and preservation of the interests under his charge, whether those be of the
shut down the economizer and use the auxiliary boiler instead. ship owners, charterers, cargo owners or of underwriters.
4. When the vessel arrived in Singapore, Captain Tayong was informed that that the  Captain Tayong had reasonable grounds to believe that the supplies were
supplies had not been delivered. Upon inquiry, he was told that the delivery can only necessary before continuing the voyage.
be made the following day, therefore delaying the departure for South Africa. o The vessel stopped mid-ocean en route to Singapore (Fact #3)
5. Captain Tayong called the ship owner and informed them that the departure for South o Captain Tayong’s decision to avoid sailing without the supplies was
Africa may be affected because of the delay in the delivery of the supplies. consulted with the chief engineer
6. Captain Tayong was advised to call Mr. Clark, the technical director. Captain Tayong
made the call and informed Mr. Clark that the vessel cannot sail without the supplies DISPOSITIVE PORTION
for safety reasons. Mr. Clark responded that by shutting off the water to the turbo ACCORDINGLY, petitioners having failed to show grave abuse of discretion amounting to
chargers and using the auxiliary boiler, there should be no further problems. According loss or excess of jurisdiction on the part of the NLRC in rendering its assailed decision, the
to Mr. Clark, Captain Tayong agreed with him that the vessel could sail as scheduled. Petition for Certiorari is hereby DISMISSED, for lack of merit. Costs against petitioners.
7. According to Captain Tayong, however, he communicated to Sea Horse his SO ORDERED.
reservations regarding proceeding to South Africa without the supplies, and was
advised by Sea Horse to wait for such supplies in Singapore. OTHER NOTES
8. Upon receiving the requisitioned supplies, the vessel sailed to South Africa (7 hours A captain commonly performs three distinct roles: (1) he is a general agent of the ship owner;
later than originally scheduled). (2) he is also commander and technical director of the vessel; and (3) he is a representative
9. When Captain Tayong arrived in South Africa, he was instructed to turn-over his post of the country under whose flag he navigates.16 Of these roles, by far the most important is
to the new captain. He was repatriated to the Philippines after serving petitioners for a the role performed by the captain as commander of the vessel.
little more than two weeks. He was not informed of the charges against him.
10. Captain Tayong thus filed a complaint for illegal dismissal before the Philippine DIGESTER: Alyssa Mateo
Overseas Employment Administration (POEA), claiming his unpaid salary for the
unexpired portion of the written employment contract, plus attorney's fees.
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