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1.4. Hours of
:
Work
1.5. Overtime:
1.6. Vacation
Leave with
:
Pay
1.7. POINT
:
OF HIRE
44 Hrs. per week
US$773.00 F.O.T.
US$495.00 Per month
Manila, Philippines.[7]
On December 12, 2007, Constantino boarded the vessel.
Constantino claimed that the ship's Chief Engineer, Francisco G. Vera, Jr. (Vera),
mistreated him during his short stay on board the "M/V Crown Princess." He recounted
that on December 13, 2007, Vera started shouting at him whenever he would ask
questions concerning the engine operations of the vessel; and that on January 9, 2008,
he was attending to the freshwater generator when, all of a sudden, Vera slapped his
hand and kept on shouting at him allegedly because he was not doing his work
properly.
Finally, on February 14, 2008, Constantino was shocked when the Third Mate of the
vessel handed to him an electronic plane ticket and informed him that he must
disembark at Cristobal, Panama, where a reliever would take his place. After inquiring
for the reason why he was suddenly being relieved, Captain G. Kolidas (Capt. Kolidas),
the Master of the Vessel, told him that he would call their head office in Greece. After
the said communication, however, Capt. Kolidas told him that it would be better for him
to just go home as he did not have a good relation with Vera. Thus, on February 18,
2008, Constantino was made to disembark from the vessel against his will. He arrived
in Manila on February 20, 2008.
On February 22, 2008, Constantino met with Capt. Sorrera at the MECO office and
sought explanation for his unceremonious and illegal dismissal. Capt. Sorrera informed
him that he was dismissed because he challenged Vera to a fight. Constantino denied
the allegation and claimed that it was Vera who was very rude to him.
For their part, the petitioners, in their Position Paper,[8] admitted that they hired
Constantino as the Second Engineer on board "M/V Crown Princess" on December 11,
2007. However, they claimed that Constantino's dismissal was valid. They narrated that
on January 2, 2008, at approximately 10:30 in the morning, Vera instructed
Constantino to collect the engine garbage. Instead of carrying out the order,
Constantino openly and strongly protested and was already prepared for a fight. To
preserve the peace and avert physical confrontation, Vera no longer insisted on his
order and merely reminded Constantino that as the Second Engineer, he (Constantino)
could always direct his subordinates to perform these tasks.
Petitioners continued that on January 5, 2008, Vera instructed Constantino to dismantle
the ship's freshwater generator ejector pump. Vera, however, noticed that Constantino
was not dismantling the pump properly. Thus, in order to prevent damage on the
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65452
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