4/15/2021
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1.8 Collective Bargaining Agreement, if any:[6]
On June 25, 2013, Manuel joined the vessel M/V Sealord and commenced his duties.[7]
On October 8, 2013, while M/V Sea Lord was cruising along the waters of Brazil
towards Dammam, Kingdom of Saudi Arabia, Manuel was found lifeless inside the toilet
of the vessel's hospital cabin. Because of this tragic incident, the vessel changed course
and set sail to Galle, Sri Lanka instead, where Manuel's remains were unloaded.[8]
On October 18, 2013, Senior Counsel Murshid Maharoof (Maharoof) and Junior Counsel
Shamir Zavahir (Zavahir) conducted an investigation on the death of Manual. In the
Investigation Report on the Death of Manuel Augastine Borreta, Jr.[9] (Investigation
Report) they prepared, the investigators stated that the statements of the master, chief
officer, crew members, logged in the vessel log book as well as the details on the
medical assistance record showed that Manuel had not been acting like his usual self.
On October 7, 2013, he failed to report for work and locked himself in the vessel's
gymnasium and then later shut himself inside the hospital. When they tried to
communicate with him, Manuel sounded distraught, talked non-sense and fearful that
someone was going to kill him. They could only talk to him through the ship's phone.
Manuel was offered food the following day but he refused to partake of the same. When
Manuel stopped communicating with them, the crew decided to force open the door to
the hospital room but found it unlocked and empty. The crew eventually found Manuel
inside the vessel's hospital lavatory, with a nylon cord tied around his neck and hanging
on a hook, dead. These facts notwithstanding, the investigators failed to identify the
cause of Manuel's death. As such, the Death Certificate that was issued indicated the
cause of death as "Under investigations."[10]
On October 23, 2013, the remains of Manuel was repatriated to the Philippines.[11]
Upon the request of the sister of the deceased, Dr. Roberto Rey C. San Diego, M.D.,
Medico-Legal Officer of the National Bureau of Investigation (NBI), autopsied the
remains of Manuel on October 24, 2013.[12] In Autopsy Report No. N-13-1056 that was
subsequently issued, the NBI stated that the cause of death was "CONSISTENT WITH
ASPHYXIA BY LIGATURE."[13]
On December 7, 2013, Dr. Rohan Ruwanpura (Dr. Ruwanpura), Consultant Judicial
Medical Officer at Galle, Sri Lanka issued a post-mortem report on the post-mortem
examination he conducted on Manuel on October 19, 2013,[14] with the following
observations:
A ligature prepared from white twisted nylon rope was present around the
upper neck. It was tied around the neck with a sliding knot [running noose]
positioned over the left mastoid region of back of the head.
Removal of the ligature revealed a parchment like abraded mark, mostly
regular in shape and about 0.5 cm in width. The mark was deeper and
mostly horizontal on right side of the neck, then taking upwards course on
front and back aspect of upper part of the neck to form united inverted "V"
mark over left mastoid region, in relation to position of the knot.[15]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237
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