Apparently realizing the folly of the denial grounded solely on the
employees misrepresentation, POMI then asserted that De Jesus breached his
employment contract. It alleged that De Jesus was caught in possession of several
pieces of Cimetidine, without the ship captains permission, and that therefore, he
was discharged for a just cause.
Indeed, possession of medicines on board without the ship captains
permission was a violation of the Standard Employment Contract Addendum and
would entitle POMI to dismiss the erring crew member but only after compliance
with the procedure provided in the contract.[24] Section 17 of the Revised Standard
Employment Terms and Conditions Governing the Employment of Filipino
Seafarers on Board Ocean-Going Vessels supplies the disciplinary procedure
against an erring seafarer: