5/19/2021
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4.36/hr
US$91.00
1.6 Vacation Leave with
Pay:
Comp leave holidays- US$34.91
1.7 Point of Hire:
MANILA, PHILIPPINES
1.8 Collective Bargaining Belgium
Agreement, if any:
The herein terms and conditions in accordance with Governing Board Resolution No.09
and Memorandum Circular No. 10, series of 2010, shall be strictly and faithfully
observed.[6]
On February 23, 2014, Toliongco was deployed aboard the vessel M/V Mineral Water.[7]
On the night of June 27, 2014, Toliongco claimed he was cleaning the galley of the ship
when he felt the urge to relieve himself. He was on his way to the water closet when he
met Chief Officer Korolenko Oleksiy (CO Oleksiy). Toliongco asked CO Oleksiy "if he
wanted his dinner served right away,"[8] to which CO Oleksiy replied "Ok, Ok, Thank
you."[9]
Toliongco served dinner to CO Oleksiy and continued to clean the galley. When he
returned, Toliongco noticed that CO Oleskiy had not eaten his fruits. Toliongco handed
CO Oleksiy the uneaten fruits but he was instructed to follow CO Oleksiy to his room.
When both of them had entered the room, CO Oleksiy "removed all of his clothes and
lay on his bed."[10]Toliongco was about to leave but CO Oleksiy called out to him, and
as Toliongco approached, "the CO suddenly grabbed his left arm."[11]
According to Toliongco, CO Oleksiy "demanded that [Toliongco] masturbate and suck
his manhood."[12] He claimed CO Oleksiy "repeatedly forced [Toliongco's] hand unto
[CO Oleksiy's] penis."[13] However, Toliongco resisted and left CO Oleksiy's room.[14]
Toliongco then went to the smoking room where he saw Able Seaman Desiderio Paner
(Paner). He told Paner what happened and requested that Paner accompany him while
cleaning the galley.[15]
Toliongco was about to finish cleaning the galley when Paner told him that CO Oleksiy
was waiting for him in the ship's office.[16] Toliongco "asked Paner to accompany him"
[17] but the latter suggested that he should "just run or shout if the situation became
precarious."[18] Paner also promised "to follow [Toliongco] if he did not come back
soon."[19]
Toliongco "was made to enter the cabin first."[20] Upon entering, he averred that CO
Oleksiy locked the door, grabbed and embraced him, then dragged him to the bed.[21]
Toliongco resisted and managed to escape. After this, he told Paner[22] as well as Chief
Cook Edenjarlou Eseo (Eseo) what happened "and requested permission to call his
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66544
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