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master's cabin after a few minutes and was heard shouting very loudly somewhere
down the corridors.[24] This incident was evidenced by the Captain's Report sent via
telex to Skippers on said date.[25]
Skippers also claims that at 12:00 noon on 22 January 1999, four Filipino seafarers,
namely Aprosta, De Gracia, Lata and Doza, arrived in the master's cabin and demanded
immediate repatriation because they were not satisfied with the ship.[26] De Gracia, et
al. threatened that they may become crazy any moment and demanded for all
outstanding payments due to them.[27] This is evidenced by a telex of Cosmoship MV
Wisdom to Skippers, which however bears conflicting dates of 22 January 1998 and 22
January 1999.[28]
Skippers also claims that, due to the disembarkation of De Gracia, et al., 17 other
seafarers disembarked under abnormal circumstsances.[29] For this reason, it was
suggested that Polish seafarers be utilized instead of Filipino seamen.[30] This is again
evidenced by a fax of Cosmoship MV Wisdom to Skippers, which bears conflicting dates
of 24 January 1998 and 24 January 1999.[31]
Skippers, in its Position Paper, admitted non-payment of home allotment for the month
of December 1998, but prayed for the offsetting of such amount with the repatriation
expenses in the following manner:[32]
Seafarer
De Gracia
Aprosta
Lata
Repatriation
Expense
US$1,340.00
US$1,340.00
US$1,340.00
Home Allotment
Balance
US$900.00
US$600.00
US$600.00
US$440.00
US$740.00
US$740.00
Since De Gracia, et al. pre-terminated their contracts, Skippers claims they are liable
for their repatriation expenses[33] in accordance with Section 19(G) of Philippine
Overseas Employment Administration (POEA) Memorandum Circular No. 55, series of
1996 which states:
G. A seaman who requests for early termination of his contract shall be
liable for his repatriation cost as well as the transportation cost of his
replacement. The employer may, in case of compassionate grounds, assume
the transportation cost of the seafarer's replacement.
Skippers also prayed for payment of moral damages and attorney's fees.[34]
The Decision of the Labor Arbiter
The Labor Arbiter rendered his Decision on 18 February 2002, with its dispositive
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/21678
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