Mirano v. Madrigal & Company

PAREDES, J.:

This is a case for the recovery of wages due to 25 persons, plaintiffs herein, allegedly as members of the crew of three (3) ships of the defendant company (SS Argus, SS Churruca and SS Hirondelle). The pertinent portions of the complaint filed on April 9, 1953, before the CFI of Manila, recite - That in November, 1941, in the City of Manila, Philippines, defendant herein, which was and still engaged in coastwise shipping and maritime commerce, contracted the services of the herein plaintiffs, employed and engaged them as complement or crew of the vessels "SS Argus", "SS Churruca" and "SS Hirondelle", owned by and registered in the name of defendant as shipowner, to bring the above-named vessels to the Port of Hongkong, British Crown Colony, for dry-docking and repairs at the Hongkong shipyards, ....

That pursuant to such employment, plaintiffs, on November 2, 1941, left the Philippines aboard the above-named vessels of the defendant, arriving at Hongkong, British Crown Colony, on November 5, and had the above-named vessels dry-docked; x x x x x x x x x That war broke out between the United States and Japan on December 8, 1941, and as a result thereof, plaintiffs herein, on December 15, 1941, were captured by the Imperial Japanese Army, ... were kept as prisoners and interned aboard the "SS Saiyong" then tied up in Macao, which was towed to Hongkong, where plaintiffs were taken back to the "SS Saiyong"

and made to serve as slave labor; that on October 21, 1943, they were brought to the Philippines on board the "SS Saising Maru", and from October 24, 1943 when they arrived in the Philippines, to September 21, 1944, they were impressed in the service of the Japanese Navy and assigned to various ships plying between Luzon, Visayas and Mindanao, under close and heavy guard, until they were able to escape and join their families when the American forces bombed Manila on September 21, 1944; That the plaintiffs have not been paid their salaries for the period from November 2, 1941 to September 21, 1944, in the following amounts set out after their respective names: 1. Mauricio Mirano - Chief Engineer P15,615.00 2. Salvador Miranda - Carpenter 1,945.97 3.

Florentino Domactoy - Fireman 1,370.51 4. Hermogenes Camacho - Able Seaman 1,127.68 5. Amado Villanueva - Helper Fireman 1,120,67 6.

Maralitico Palomata - Mess Boy 676.65 7. Eduardo C. Quimpo - Mayordomo 3,740.00 8. Juan Tupas - Timonel 1,098.00 9.

Pedro Bugallon - Watchman 1,020.00 10. Gerardo Gaboy - Able Seaman 1,120.67 11. Camilo Alalin - Machinist 1,845.97 12.

Alfonso Pavila - Storekeeper 1,197.73 13. Juan Mutia - Mess Boy 676.65 14. Matias Marabe - Oiler 1,516.25 15.

Simon Largo - Oiler 1,588.00 16. Epifanio Dumanggas - Timonel 1,980.00 17. Meliton Orias - Seaman 855.00 18.

Felipe Serarania - Oiler 2,082.00 19. Basilio Baybayon - Oiler 2,082.00 20. Espiridion Cajilig - Ordinary Seaman 1,723.73 21.

Ricardo Pador - Fireman 1,908.76 22. Jose Monsalle - Timonel 1,870.00 23. Olegario Samson - Ayudante 2,550.00 24.

Luis Agrandeza - Radio Operator 4,250.00 25. Apolonio Ondoy - Seaman 1,700.00. T o t a l .

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