AGENCY NA DI NAGBALIK NG DOKUMENTO NG SEAMAN, NIREKLAMO SA POEA AT SINAMPAHAN SA KORTE FOR DAMAGES

Despite the fact that the employer-employee relationship has not commenced due to the failure to deploy respondents in this case, respondents are entitled to rights arising from the perfected Contract of Employment, such as the right to demand performance of its obligation under the contract.

The right to demand performance and failure to deploy constitutes breach of contract, thereby entitling the seafarer to damages. The sanctions provided for non-deployment do not end with the suspension or cancellation of license or fine and the return of all documents at no cost to the worker.

They do not forfend a seafarer from instituting an action for damages against the employer or agency which has failed to deploy him.

Moral damages may be recovered under Article 2219 of the Civil Code in relation to Article 21. The pertinent provisions read:
Art. 2219. Moral damages may be recovered in the following and analogous cases:
xxx Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.