Needless to underline that We actually have best wages (T.C.C.) New Ships first class owners
and reliability in all respects and payments thus we simply and most emphatically require best/able
crew which will contribute and produce the appropriate conditions in our cooperation.
We kindly remind the obvious rule that you should not send onboard a man with doubtful
competency for a key position or any position. (CA rollo, pp. 231-232.)
[35]
Logbook Extract dated 22 July 1998.
0235 Ch. Engineer reported that both 3rd Engineer Olordiva 16 N.2. Maguad Jerry
4th Engineer are inexperienced and they are not operate/manage E/R Machineries
satisfactory. He required substitution with experienced Eng’rs. (Id. at 232.)
[36]
Logbook Extract dated 24 July 1998
1200. p’ cloudy gale high sea very good CH OFF advised that Bosun Ciudadano P. and
Fitter Alegado L. are unable to perform safety duties inspite of advises given to them. These are
not capable to perform their duties rendering unsafety for ship. (Id.)
[37]
The confirmation letters were marked as Annexes C and D found in the CA rollo, pp. 61-62.
[38]
Master’s Statement Report of inefficiency indiscipline dated 15 October 1998
To whom it may concern:
The undersigned G. Aravantinos Master of the above vessel hereby report
the following in connection with inefficiency and indiscipline of the following seamen
onboard the vessel under my command.
1. Maguad Jerry – 4th Engineer
He was totally inexperience and inefficient in his duties putting ship’s safety in risk
and endangering the vessel.
x x x
4. Ciudadano Porferio – Bosun
He was inexperience and unable to perform safety his duties. (Id. at 233.)
[39]
Shoemart, Inc. v. National Labor Relations Commission, G.R. No. 74229, 11 August 1989, 176 SCRA
385, 390.
[40]
Klaveness Maritime Agency, Inc. v. Palmos, G.R. Nos. 102310-12, 20 May 1994, 232 SCRA 448, 457.
[41]
Estiva v. National Labor Relations Commission, G.R. No. 95145, 5 August 1993, 225 SCRA 169, 175.
[42]
To Bosun
Ciudadano, Porferio
Warning Notice
You have repeatedly failed to comply with four officers’ orders and you do not carry-out
the works as per your duties.
This is a warning to you for future compliance according to your contract.
To 4th Engineer
Jerry Maguad
Warning notice
You have last night during your duty stopped the boiler without informing your superior
officer with result of IFO temp to fall down and endanger the safety operation of the engines/ship.
This is last warning to you after my previous notices for future safe execution of duties as
per your contract. (CA rollo, p. 234.)
[43]
Century Textile Mills, Inc. v. National Labor Relations Commission, G.R. No. L-77859, 25 May 1988,
161 SCRA 528, 535.
[44]
The Master shall comply with the following disciplinary procedures against an erring seafarer:
A. The Master shall furnish the seafarer with a written notice containing the following:
1. Grounds for the charges as listed in Section 33 of this Contract or analogous
act constituting the same.
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