The crew contract for his employment was effective for a fixed duration of one (1) year, with a stipulated monthly basic pay of $1,375.00 U.S. Dollars, and fixed overtime pay of $402.50 U.S. Dollars a month, or a total of $1,787.50 U.S. Dollars per month, with an additional 2 days leave a month. So on February 18, 1987, private respondent joined the vessel at the port of Rotterdam, the Netherlands, and assumed his duties and responsibilities as Chief Engineer. On April 2, 1987, or barely three (3) months after boarding the vessel, private respondent was informed by Captain Jose B. Orquinaza, the ships Master, that he was relieved of his duties per recommendation of the Marine Superintendent, Mr. Peter Robinson, due to his poor performance (Annex G, Petition). He was in effect terminated from the service. This came after private respondent had a verbal altercation with Robinson, a British national, regarding the discipline or lack thereof of the Filipino crew under private respondents supervision. No inquiry or investigation, however, regarding his supposed incompetence or negligence was ever conducted; neither was private respondent furnished with a notice or memorandum regarding the cause of his dismissal. Private respondent was made to disembark at the port of Oslo, Norway, and immediately repatriated to the country. Contrary to his perceived incompetence, private respondents Seamens Book contained the following entries: Conduct - Very good Ability - Very good Remarks - Highly Recommended (Annex F, p. 5, Petition) Assignment of Errors In their memorandum, petitioners submit that Respondent Commission gravely abused its discretion by:xii[12] a. Rendering the assailed resolution and decisions without a full-blown trial on the merits, and b. Disregarding the evidence for the petitioners and ruling that the company illegally dismissed Basconcillo. The Courts Ruling The petition is bereft of merit. The petitioners failed to prove the elements of a valid dismissal, namely: (1) just cause and (2) due process.

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