2. Date, time and place for a formal investigation of the charges against the
seafarer concerned.
B. The Master or his authorized representative shall conduct the investigation
or hearing, giving the seafarer the opportunity to explain or defend himself
against the charges. An entry on the investigation shall be entered into the ship’s
logbook.
C. If, after the investigation or hearing, the Master is convinced that imposition
of a penalty is justified, the Master shall issue a written notice of penalty and the
reasons for it to the seafarer, with copies furnished to the Philippine agent.
D. Dismissal for just cause may be effected by the Master without furnishing the
seafarer with a notice of dismissal if doing so will prejudice the safety of the crew
or the vessel. This information shall be entered in the ship’s logbook. The Master
shall send a complete report to the manning agency substantiated by witnesses,
testimonies and any other documents in support thereof.
The foregoing provision was explained in Skippers Pacific, Inc. v. Mira,
[23]
as follows:
Note that under Section 17 of what is termed the Standard Format, the
“two - notice rule” is indicated. An erring seaman is given a written notice of the
charge against him and is afforded an opportunity to explain or defend himself.
Should sanctions be imposed, then a written notice of penalty and the reasons for
it shall be furnished the erring seafarer. It is only in the exceptional case of clear
and existing danger to the safety of the crew or vessel that the required
notices are dispensed with; but just the same, a complete report should be
sent to the manning agency, supported by substantial evidence of the
findings. (Emphasis supplied)
There is nothing on record that shows that furnishing respondent with a
notice of dismissal will pose a clear and present danger to the vessel and its
crew. And even if the Master was justified in dispensing with the required notice,
still, it was essential that a complete report, substantiated by witnesses, testimonies
and any other documents in support thereof, was sent to the manning agency. The
record of this case is bereft of any such report and supporting documents. Instead,
respondent was verbally ordered to disembark the vessel and repatriated to