G.R. No. 223825 - Luis G. Gemudiano, Jr. vs. Naess Shipping Philippines, Inc
G.R. No. 223825 - Luis G. Gemudiano, Jr. vs. Naess Shipping Philippines, Inc
FIRST DIVISION
G.R. No. 223825, January 20, 2020
LUIS G. GEMUDIANO, JR.
v. NAESS SHIPPING PHILIPPINES, INC.
REYES, J. JR., J.
In December 2012, petitioner Gemudiano applied with respondent Naess Shipping for
possible employment as seaman. Petitioner underwent mandatory pre-employment medical
examination where he was declared fit for sea service. In February 2013, Naess Shipping, for and
in behalf of its principal Royal Dragon, executed a contract engaging the services of petitioner as
Second Officer aboard the vessel M/V Meiling 11 for a period of six months.
In March 2013, petitioner was advised by the crewing manager that Royal Dragon cancelled
his embarkation. Thus, petitioner filed a complaint for breach of contract against respondents
before the Arbitration Branch of the National Labor Relations Commission.
The Labor Arbiter ruled in favor of petitioner. The NLRC affirmed the decision of the Labor
Arbiter.
The Court of Appeals annulled and set aside the decision of the and resolution of the NLRC. It
declared that the LA did not acquire jurisdiction over the petitioner's complaint because of the non-
existence of an employer-employee relationship between the parties. It emphasized that the
perfected contract of employment did not commence since petitioner’s deployment to his vessel of
assignment did not materialize.
Hence, this petition.