Hence, the present petition for review under Rule 45 of the Rules of Court
with the following assignment of errors:
FIRST ASSIGNMENT OF ERROR
THE COURT OF APPEALS GRAVELY ERRED IN RULING THAT
PETITIONER ILLEGALLY DISMISSED THE PRIVATE RESPONDENT.
SECOND ASSIGNMENT OF ERROR
THE COURT OF APPEALS COMMITTED SERIOUS ERROR IN
AWARDING PRIVATE RESPONDENT BACKWAGES EQUIVALENT TO
HIS THREE (3) MONTHS SALARY.[8]
Petitioner’s main contention is that the CA, the NLRC and the Labor Arbiter
erred in not giving “full evidentiary value” to the telexed Chief Engineer’s Report
dated September 10, 1997, which specified the causes of respondent’s dismissal,
quoted as follows:
TO: SKIPPERS MNL
CC: SKIPPERS PIRAEUS
FM: MV NAVAL GENT
DT: SEPT. 10, 1997
DURING SHIP REPAIR AT PERAMA DD. 18/07-31/07/97 OUR
ATTENDING SUPT. ENGINEERS CONSTANTLY OBSERVING ALL
PERSONNELS ABILITY AND ATTITUDE WITH REGARDS TO OUR
TECHNICAL CAPABILITY AND BEHAVIOURS WITH EMPHASY [SIC]
ON DISCIPLINE. IT IS ONLY UNFORTUNATE THAT THEY NOTICED 3/
E G. ROSAROSO AS BEING SLACK AND NOT CARING OF HIS JOB AND
DUTIES BEING HIRED AS THIRD ENGR OFFICER, TO THE FULLEST
BEYOND
THEIR
EXPECTATION. AFTER
TOO
MUCH
OF
CONSIDERATION AND DELIBERATION HAVING HIM CONSTANTLY
ADVISED BY 2/E F. DIAMOS ASKING FOR HIS COOPERATION TO
WORK AND HELP IN THE ONGOING ENORMOUS REPAIRS. BUT
FAILED TO HEED AND REFUSED TO BE MOTIVATED. WE HAVE
SEEKED [SIC] ADVISE FROM YOUR OFFICE VIA PHONE,
SKIPPERS PIRAEUS THRU CAPT. KAMPANIS AND THE PORT CAPT OF
NICOLAKIS SHIPPING CAPT. PAPASTILIANOS, OF WHAT TO BE
DONE. THE OWNERS RECOMMENDATION WAS TO REPLACED [SIC]
HIM ON THE FOLLOWING REASONS: