4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly Cedros, Mexico, the vessel suddenly listed too much at the bow. At that particular time both the master and the chief mate went on shore leave together, which under maritime standard was prohibited. To avoid any conflict, he chose to ignore the unbecoming conduct of the senior officers of the vessel. On or about March 13, 2002, the vessel berthed at a port in Japan to discharge its cargo. Thereafter, it sailed to the U.S.A. While the vessel was still at sea, the master required [Tangga-an] and the rest of the Filipino Engineer Officers to report to his office where they were informed that they would be repatriated on account of the delay in the cargo discharging in Japan, which was principally a duty belonging to the deck officers. He imputed the delay to the non-readiness of the turbo generator and the inoperation of the boom, since the turbo generator had been prepared and synchronized for 3.5 hours or even before the vessel arrived in Japan. Moreover, upon checking the boom, they found the same [sic] operational. Upon verification, they found out that when the vessel berthed in Japan, the cargo hold was not immediately opened and the deck officers concerned did not prepare the stock. Moreover, while cargo discharging was ongoing, both the master and the chief mate again went on shore leave together at 4:00 in the afternoon and returned to the vessel only after midnight. To save face, they harped on the Engine Department for their mistake. [Tangga-an] and the other Engineering [O]fficers were ordered to disembark from the vessel on April 2, 2002 and thereafter repatriated. Thence, the complaint. [Philippine Transmarine Carriers, Inc., Universe Tankship Delaware LLC, and Carlos C. Salinas] on the other hand, contended that sometime on [sic] March 2002, during a test of the cargo discharging conveyor system, [Tangga-an] and his assistant engineers failed to start the generator that supplied power to the conveyor. They spent 3 hours trying to start the generator but failed. It was only the third assistant engineer who previously served in the same vessel who was able to turn on the generator. When the master tried to call the engine room to find out the problem, [Tangga-an] did not answer and merely hang [sic] up. The master proceeded to the engine room to find out the problem by [sic] [Tangga-an] and his assistant engineers were running around trying to appear [busy]. At another time, during a cargo discharging operation requiring the use of a generator system and the conveyor boom, [Tangga-an] was nowhere to be found. Apparently, he went on shore leave resulting in a delay of 2 hours because the machine could not be operated well. Both incidents were recorded in the official logbook. Due to the delay, protests were filed by the charter [sic]. The master required [Tangga-an] to submit a written explanation to which he did but blamed the captain and the chief officer. He failed to explain why he did not personally supervise the operation of the generator system and the conveyor boom during the cargo discharging operations. His explanation not having been found satisfactory, [respondents] decided to terminate [Tangga-an’s] services. Thus, a notice elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55699 2/12

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