Petitioners appealed to the NLRC.vii[7] On 16 September 1996 the NLRC affirmed the appealed
findings and conclusions of the Labor Arbiter.viii[8] The NLRC subscribed to the view that
Cajeras repatriation by alleged mutual consent was not proved by petitioners, especially after
noting that private respondent did not actually sign his Seamans Service Record Book to signify
his assent to the repatriation as alleged by petitioners. The entry made by Capt. Alekos in the
Deck Log was not considered reliable proof that private respondent agreed to his repatriation
because no opportunity was given the latter to contest the entry which was against his interest.
Similarly, the Medical Report issued by Dr. Hoed of Holland was dismissed as being of dubious
value since it contained only a sweeping statement of the supposed ailment of Cajeras without
any elaboration on the factual basis thereof.
Petitioners' motion for reconsideration was denied by the NLRC in its Resolution dated 12
November 1996.ix[9] Hence, this petition contending that the NLRC committed grave abuse of
discretion: (a) in not according full faith and credit to the official entry by Capt. Alekos in the
vessels Deck Log conformably with the rulings in Haverton Shipping Ltd. v. NLRCx[10] and
Wallem Maritime Services, Inc. v. NLRC;xi[11] (b) in not appreciating the Medical Report issued
by Dr. Wden Hoed as conclusive evidence that respondent Cajeras was suffering from paranoia
and other mental problems; (c) in affirming the award of attorneys fees despite the fact that
Cajeras' claim for exemplary damages was denied for lack of merit; and, (d) in ordering a
monetary award beyond the maximum of three (3) months salary for every year of service set by
RA 8042.
We deny the petition. In the Contract of Employmentxii[12] entered into with private respondent,
petitioners convenanted strict and faithful compliance with the terms and conditions of the
Standard Employment Contract approved by the POEA/DOLExiii[13] which provides:
1. The employment of the seaman shall cease upon expiration of the contract period indicated in
the Crew Contract unless the Master and the Seaman, by mutual consent, in writing, agree to an
early termination x x x x (underscoring ours).
Clearly, under the foregoing, the employment of a Filipino seaman may be terminated prior to
the expiration of the stipulated period provided that the master and the seaman (a) mutually
consent thereto and (b) reduce their consent in writing.
In the instant case, petitioners do not deny the fact that they have fallen short of the requirement.
No document exists whereby Capt. Alekos and private respondent reduced to writing their
alleged mutual consent to the termination of their employment contract. Instead, petitioners
presented the vessel's Deck Log wherein an entry unilaterally made by Capt. Alekos purported to
show that private respondent himself asked for his repatriation. However, the NLRC correctly
dismissed its evidentiary value. For one thing, it is a unilateral act which is vehemently denied by
private respondent. Secondly, the entry in no way satisfies the requirement of a bilateral
documentation to prove early termination of an overseas employment contract by mutual consent
required by the Standard Employment Contract. Hence, since the latter sets the minimum terms
and conditions of employment for the protection of Filipino seamen subject only to the adoption
of better terms and conditions over and above the minimum standards,xiv[14] the NLRC could
not be accused of grave abuse of discretion in not accepting anything less.