2. date, time and place for a formal investigation of the charges against the
seafarer concerned.
B. The Master or his authorized representative shall conduct the investigation or hearing, giving the
seafarer the opportunity to explain or defend himself against the charges. These procedures must be duly
documented and entered into the ship’s logbook.
C. If after the investigation or hearing, the Master is convinced that imposition of a penalty is justified, the
Master shall issue a written notice of penalty and the reasons for it to the seafarer, with copies furnished to
the Philippines agent.
[45]
371 Phil. 827, 840-841 (1999).
[46]
G.R. No. 144786, 15 April 2004, 427 SCRA 732, 749.
[47]
440 Phil. 906, 922 (2002).
[48]
OSM Shipping Philippines, Inc. v. National Labor Relations Commission, 446 Phil. 793, 806 (2003).
[49]
G.R. No. L-77279, 15 April 1988, 160 SCRA 691, 695.
[50]
Section 10. Money Claims. – x x x
The liability of the principal/employer and the recruitment/placement agency for any and all
claims under this section shall be joint and several. This provision shall be incorporated in the
contract for overseas employment and shall be a condition precedent for its approval. The
performance bond to be filed by the recruitment/placement agency, as provided by law shall be answerable
for all money claims or damages that may be awarded to the workers. If the recruitment/placement agency
is a juridical being, the corporate officers and directors and partners as the case may be, shall
themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and
damages.
[51]
Phil. Employ Services and Resources, Inc. v. Paramio, supra note 44.
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