CASE 2019-0034: APOLINARIO Z. ZONIO, JR. VS. 88 ACES MARITIME SERVICES, INC., ET AL. (G.R. NO. 239052. OCTOBER 16, 2019, INTING, J.) (SUBJECT/S: PRESCRIPTION OF SEAMAN’S ACTIONS; ATTY’S FEES) (BRIEF TITLE: ZONIO JR VS ACES MARITIME)
DISPOSITIVE:
SUBJECTS/DOCTRINES/DIGEST:
PRESCRIPTION OF ACTION ON THE PART OF THE SEAMAN IS THREE YEARS FROM TERMINATION OF HIS CONTRACT. ZONIO JR FILED HIS COMPLAINT AT NLRC AFTER 3 YEARS. IS HIS ACTION BARRED BY PRESCRIPTION?
NO BECAUSE HE MADE HIS REQUEST FOR SENA (SINGLE ENTRY APPROACH) AT NLRC BEFORE THE END OF THE THREE YEAR PERIOD. SUCH REQUEST IS TANTAMOUNT TO FILING OF CASE AT NLRC.
IS ZONIO JR ENTITLED TO ATTORNEY’S FEES?
YES BECAUSE THE CASE IS AN ACTION FOR INDEMNITY AGAINST THE EMPLOYER AND ALSO RESPONDENT’S ACT HAS COMPELLED COMPLAINANT TO INCUR EXPENSES TO PROTECT HIS INTEREST.
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SCD-2019-0034-Apolinario Z. Zonio, Jr. Vs. 88 Aces Maritime Services, Inc., et al.
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