8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 2/12

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