The Court does not agree.  The provisions of the Constitution as well as the Labor Code which afford protection to labor apply to Filipino employees whether working within the Philippines or abroad.  Moreover, the principle of lex loci contractus (the law of the place where the contract is made) governs in this jurisdiction.[27]  In the present case, it is not disputed that the Contract of Employment entered into by and between petitioners and private respondent was executed here in the Philippines with the approval of the Philippine Overseas Employment Administration (POEA).  Hence, the Labor Code together with its implementing rules and regulations and other laws affecting labor apply in this case.[28]  Accordingly, as to the requirement of notice and hearing in the case of a seafarer, the Court has already ruled in a number of cases that before a seaman can be dismissed and discharged from the vessel, it is required that he be given a written notice regarding the charges against him and that he be afforded a formal investigation where he could defend himself personally or through a representative. [29]   Hence, the employer should strictly comply with the twin requirements of notice and hearing without regard to the nature and situs of employment or the nationality of the employer.  Petitioners failed to comply with these twin requirements.   Petitioners also contend that the wages of private respondent from August 11-22, 1996 were applied to the costs of his repatriation.  Petitioners argue that the off-setting of the costs of his repatriation against his wages for the aforementioned period is allowed under the provisions of Section 19(E) of Memorandum Circular No. 055-96 which provides that when the seafarer is discharged for any just cause, the employer shall have the right to recover the costs of his replacement and repatriation from the seafarer’s wages and other earnings.   The Court does not agree. Section 19(E) of Memorandum Circular No. 05596 has its counterpart provision under Section H (2), Part II of Memorandum Circular No. 41, to wit:   SECTION H. REPATRIATION   x x x x  

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