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of personality and mental disturbances noted at the time of evaluation."
As Deck Cadet, Godinez's duties were as follows:
1. Act as look-out from 12:00 to 4:00 p.m. and 12:00 to 4:00 a.m. during
navigation;
2. Perform gangway watch from 6:00 a.m. to 4:00 p.m. in port;
3. Assist in deck preventive maintenance;
4. Assist in arrival and departures, mooring, and unmooring;
5. Assist officers in the conduct of their work; and
6. Perform other tasks that may be assigned by his superiors.[7]
On November 13, 2003, Godinez boarded "M/V Norviken" and commenced his work.
On the evening of December 17, 2003, just before the start of his look-out duty at
midnight, Godinez failed to wake up despite attempts by the crew to rouse him from
sleep. As a result, his superior, Second Officer Antonio Dayo (Dayo) took his place and
acted as look-out, together with the outgoing look-out. For this, Dayo became strict
with Godinez, requiring the latter, as punishment, to clean toilets instead of performing
his regular look-out duty; Dayo became rude, always finding fault and humiliating,
accusing, shouting, insulting, nagging, and snapping at Godinez, who was also
prevented from preparing his food for breakfast and snacks.[8]
On December 24, 2003, a report[9] was prepared and sent by the vessel master via
electronic mail to Career, stating thus:
Subj: Update for Deck Cadet Eduard SJ. Godinez x x x x
Early morning of 23 Dec. 2003, abt 0800 hrs. he inform[ed] Bosun that if
Bosun need[ed] him just call him in Hie crew smoke room where he [was]
viewing tv.
At abt 1030 hrs. he came up to Master cabin to take the Bond store key and
open it for he want[ed] to take beer, fanta and cigarettes for he said he
[was] very thirsty. But then I didn't give anything. Instead, he ask[ed] chief
officer [for] a packet of cigarettes when in fact for this month he got already
3 cartons.
At noon time while the crew [was] having lunch he [came] inside the
messroom wearing short[s] without [a] shirt and shout[ed] that (babasagin
ko lahat ang mga mukha ninyo). Then he [ate] and [kept] on transferring
from one place to another (smoke room, crew mess, officer mess).
Before lunch he [came] up to 2/o and asked for his declared beer and
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