In Santiago v. CF
Sharp Crew Management, Inc., 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.
Nevertheless, 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. If the
reverse happened, that is, the seafarer failed or refused to be deployed as
agreed upon, he would be liable for damages.
Petitioners’ act of
preventing respondent from leaving and complying with his contract of
employment constitutes breach of contract for which petitioner BMC is liable
for actual damages to respondent for the loss of one-year salary as provided in
the contract (Bright Maritime Corporation (BMC) / Desiree P. Tenorio Vs.
Ricardo B. Fantonial, G.R. No. 165935. February 8, 2012).
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