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procedure taken against the employees prior to their dismissal. In the said case, the
Court rejected a shipmaster's report which allegedly contained a collation of excerpts
from the ship's logbook. The Court further opined that the failure to produce the
logbook or at least make photocopies of the pertinent pages thereof would reasonably
suggest that there were no entries in the logbook that could have established the acts
and offenses allegedly committed by the seafarer-employee.[24]
A similar observation obtains in this case. The decklog extract presented by the
petitioners is a mere collation of the supposed contents of the ship's logbook. The
petitioners did not present the logbook itself or even photocopies of the relevant pages
thereof. Their only excuse is that the captain of the ship is obliged by law to keep the
logbook. Hence, they could not present it before the labor tribunals. However, this does
not explain why they failed to present even photocopies of the pertinent pages of the
logbook. Thus, as aptly observed by the appellate court, the non-presentation of the
ship's logbook or copies of the pertinent pages thereof raises doubts as to the
occurrence of Constantino's alleged infractions.
Interestingly, the petitioners also invoked Abacast in support of their cause. In the
present petition for review, the petitioners even correctly argued that what the Court
did in Abacast was to reject a typewritten collation of excerpts of what could be the
logbook and rule that what should have been submitted in evidence was the logbook
itself or authenticated copies of the pertinent pages thereof. Unfortunately, it would
seem that the petitioners failed to comprehend that the typewritten decklog extract
they submitted is similar to the typewritten collation of excerpts which has been
rejected by the Court in Abacast. As such, the decklog extract does not deserve any
consideration.
The appellate court also properly disregarded Vera's January 6, 2008 letter-report as
self-serving. As correctly pointed out by the appellate court, the letter was
unsubstantiated by any other evidence. Moreover, the letter-report is inconsistent with
all the other pieces of evidence presented by the petitioners.
It must be noted that among the accusations hurled against Constantino, the incident
which allegedly transpired on January 5, 2008, and which is the subject of the January
6, 2008 letter-report could be considered as the gravest. Indeed, in the said letterreport, there is an allegation of an attempt on the part of Constantino to inflict bodily
harm against his superior officer with the use of a tool.
Curiously, however, Capt. Kolidas made no mention of this incident in his facsimile
messages. In particular, while the facsimile messages and decklog extract mentioned
the incidents on January 2, 2008, and January 17, 2008, no reference was made to
Constatino's alleged threats and attempts to harm Vera on January 5, 2008. This is
significant because if the facsimile messages and the decklog extract indeed contain the
true reproduction of the relevant entries in the ship's logbook regarding Constantino's
offenses, which is what the petitioners would want the Court to believe, then it only
follows that the reason the January 5, 2008 incident was not mentioned in the decklog
extract, is because no entry regarding such incident exists in the ship's logbook. The
lack of any entry relating to the January 5, 2008 incident consequently creates doubt
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