4/10/2020
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Aprosta to work on board the vessel MV Wisdom Star, under the following terms and
conditions:
Name:
Napoleon O. De Gracia
Position:
3rd Engineer
Contract Duration: 10 months
Basic
MonthlyUS$800.00
Salary:
Contract Date:
17 July 1998[14]
Name:
Isidro L. Lata
Position:
4th Engineer
Contract Duration: 12 months
Basic
MonthlyUS$600.00
Salary:
Contract Date:
17 April 1998[15]
Name:
Charlie A. Aprosta
Position:
Third Officer
Contract Duration: 12 months
Basic
MonthlyUS$600.00
Salary:
Contract Date:
17 April 1998[16]
Paragraph 2 of all the employment contracts stated that: "The terms and conditions of
the Revised Employment Contract Governing the Employment of All Seafarers approved
per Department Order No. 33 and Memorandum Circular No. 55, both series of 1996
shall be strictly and faithfully observed."[17] No employment contract was submitted for
Nathaniel Doza.
De Gracia, et al. claimed that Skippers failed to remit their respective allotments for
almost five months, compelling them to air their grievances with the Romanian
Seafarers Free Union.[18] On 16 December 1998, ITF Inspector Adrian Mihalcioiu of the
Romanian Seafarers Union sent Captain Savvas of Cosmos Shipping a fax letter,
relaying the complaints of his crew, namely: home allotment delay, unpaid salaries
(only advances), late provisions, lack of laundry services (only one washing machine),
and lack of maintenance of the vessel (perforated and unrepaired deck).[19] To date,
however, Skippers only failed to remit the home allotment for the month of December
1998.[20] On 28 January 1999, De Gracia, et al. were unceremoniously discharged from
MV Wisdom Stars and immediately repatriated.[21] Upon arrival in the Philippines, De
Gracia, et al. filed a complaint for illegal dismissal with the Labor Arbiter on 4 April
1999 and prayed for payment of their home allotment for the month of December
1998, salaries for the unexpired portion of their contracts, moral damages, exemplary
damages, and attorney's fees.[22]
Skippers, on the other hand, claims that at around 2:00 a.m. on 3 December 1998, De
Gracia, smelling strongly of alcohol, went to the cabin of Gabriel Oleszek, Master of MV
Wisdom Stars, and was rude, shouting noisily to the master.[23] De Gracia left the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/21678
2/14