Similarly in this case, petitioner should have presented other evidence to
corroborate its claim that respondent’s acts or omissions aboard the vessel M/V
Naval Gent warrant his immediate repatriation. Moreover, the fact that the Report
was accomplished on September 10, 1999, or more than a month after respondent
was repatriated, makes it all the more suspect, and was obviously made to make it
appear that there were valid reasons for respondent’s dismissal.
Another analogous case worth citing is Pacific Maritime Services, Inc.
v. Ranay.[22] This case involved two seafarers repatriated to the Philippines for
committing acts on board the vessel M/V Star Princess, which acts amounted to
serious misconduct, insubordination, non-observance of proper hours of work and
damage to the laundry of the vessel’s crew and passengers. In support of its claim
that the respondents were validly dismissed, the petitioners presented its lone
evidence, a telefax transmission purportedly executed and signed by a certain
Armando Villegas, detailing the incidents which prompted the termination of
private respondents’ services. The Court, however, ruled that the telefax
transmission is not sufficient evidence, viz.:
Petitioners’ reliance on the telefax transmission signed by Armando
Villegas is woefully inadequate in meeting the required quantum of proof which
is substantial evidence. For one thing, the same is uncorroborated. Although
substantial evidence is not a function of quantity but rather of quality, the peculiar
environmental circumstances of the instant case demand that something more
should have been proffered. According to the account of Villegas, it appears that
the incidents he was referring to transpired with the knowledge of some crew
members. The alleged assault by Gerardo Ranay on Villegas, for instance, was
supposedly witnessed by at least four other crew members. Surprisingly, none of
them was called upon to testify, either in person or through sworn
statements. Worse, Villegas himself who omitted some vital details in his report,
such as the time and date of the incidents referred to, was not even presented as
witness so that private respondents and the POEA hearing officer could have
been given an opportunity to cross-examine and propound clarificatory questions
regarding matters averred by him in the telefax transmission.
Moreover, although signed, the same was not under oath and, therefore, of
dubious veracity and reliability although admissible. Likewise, the motive is
suspect and the account of the incidents dangerously susceptible to bias since it
came from a person with whom private respondents were at odds. All told,