8/26/2020
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by the Human Resources Department of PTC regarding a supposed violation of PTC's
Code of Discipline, particularly Section 3, Number 2 of which provides:
E. Employees Behaviour, Relationship with Co-employees/Superiors
2. It is the duty and obligation of every employee to comply faithfully and
strictly with every rule, [regulation], instruction, notice or directive of the
company relative to or in connection with his work or employment. This
includes strict compliances with notices to appear on investigation to shed
light on matter being investigated by or of interest of the company.[11]
One of the two written memoranda served on de Leon was regarding an incident on
October 11, 2010, caught on PTC's closed-circuit television (CCTV) where he appeared
to have violated the policy of receiving "pasalubong" which was prohibited under the
written instruction of the company.[12] De Leon served replies to the memoranda
issued to him, in which he explained that he merely assisted a crewmember in giving a
gift to a relative. PTC found his explanations honest and justified, so he was given a
mere verbal reprimand to discourage any similar suspicious behavior.[13]
In 2012, PTC revised its Code of Discipline, in which it indicated more clearly its
prohibition against accepting gifts. Thus:
Section O. CONCERTED ACTIONS AGAINST COMPANY & OTHER
OFFENSES
5. No employee shall offer or accept directly or indirectly any gift with a
collective value of Php 500.00 and above. Any item worth Php 500.00 and
above should be returned or surrendered to HR Department. In addition, an
employee who accepts any amount of money or any gift in kind from a crew
member, ex-crew member, or representative of a crew member shall be
dismissed.
Offering or accepting any gift with collective value of P500.00 and
above should be dealt with DISMISSAL.
1st Offense - DISMISSAL[14]
De Leon was served a copy of PTC s revised Code of Discipline on September 7, 2012.
[15] Incidentally, FMSSI —the PTC-owned company where de Leon was seconded — also
had the exact same policy.[16]
On October 9, 2013, de Leon, along with a co-employee Aaron T. Brillante[17]
(Brillante), was caught on the CCTV accepting a brown bag from another employee
Fred Rikko B. Adefuin (Adefuin).[18] The brown bag — which contained two bottles of
Jack Daniel's Whiskey — came from Mr. Mustafa Acar (Acar), a friend and co-employee
of de Leon when he was still working in another vessel, the Oasis of the Seas.[19] In his
Petition, de Leon admitted:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65291
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