entry but was not able to do anything more as he was immediately ushered to a waiting taxi
which transported him to the Amsterdam Airport for the return flight to Manila. After his arrival
in Manila on 29 September 1995 Cajeras complained to MARSAMAN but to no avail.iii[3]
MARSAMAN and DIAMANTIDES, on the other hand, denied the imputation of illegal
dismissal. They alleged that Cajeras approached Capt. Alekos on 26 September 1995 and
informed the latter that he could not sleep at night because he felt something crawling over his
body. Furthermore, Cajeras reportedly declared that he could no longer perform his duties and
requested for repatriation. The following paragraph in the vessel's Deck Log was allegedly
entered by Capt. Alekos, to wit:
Cajeras approached me and he told me that he cannot sleep at night and that he feels something
crawling on his body and he declared that he can no longer perform his duties and he must be
repatriated.iv[4]
Private respondent was then sent to the Medical Center for Seamen at Rotterdam where he was
examined by Dr. Wden Hoed whose diagnosis appeared in a Medical Report as paranoia and
other mental problems.v[5] Consequently, upon Dr. Hoeds recommendation, Cajeras was
repatriated to the Philippines on 28 September 1995.
On 29 January 1996 Labor Arbiter Ernesto S. Dinopol resolved the dispute in favor of private
respondent Cajeras ruling that the latter's discharge from the MV Prigipos allegedly by mutual
consent was not proved by convincing evidence. The entry made by Capt. Alekos in the Deck
Log was dismissed as of little probative value because it was a mere unilateral act unsupported
by any document showing mutual consent of Capt. Alekos, as master of the MV Prigipos, and
Cajeras to the premature termination of the overseas employment contract as required by Sec. H
of the Standard Employment Contract Governing the Employment of all Filipino Seamen on
Board Ocean-Going Vessels. Dr. Hoeds diagnosis that private respondent was suffering from
paranoia and other mental problems was likewise dismissed as being of little evidentiary value
because it was not supported by evidence on how the paranoia was contracted, in what stage it
was, and how it affected respondent's functions as Chief Cook Steward which, on the contrary,
was even rated Very Good in respondent's Service Record Book. Thus, the Labor Arbiter
disposed of the case as follows:
WHEREFORE, judgment is hereby rendered declaring the repatriation and dismissal of
complaint Wilfredo T. Cajeras as illegal and ordering respondents Marsaman Manning Agency,
Inc. and Diamantides Maritime, Inc. to jointly and severally pay complainant the sum of USD
5,100.00 or its peso equivalent at the time of payment plus USD 510.00 as 10% attorneys fees it
appearing that complainant had to engage the service of counsel to protect his interest in the
prosecution of this case.
The claims for nonpayment of wages and overtime pay are dismissed for having been withdrawn
(Minutes, December 18, 1995). The claims for damages are likewise dismissed for lack of merit,
since no evidence was presented to show that bad faith characterized the dismissal.vi[6]