Settled is the rule that in termination cases, the burden of proof rests upon the employer to show that the dismissal is for a just and valid cause. The case of the employer must stand or fall on its own merits and not on the weakness of the employee's defense.[25] In this case, no convincing proof was offered to prove POMIs allegation. All that we have is its self-serving assertion that De Jesus violated his employment contract. There is no proof that the prescribed disciplinary procedure was followed. We, therefore, agree with the Labor Arbiters finding that POMI utterly failed to establish its claim of valid dismissal. Accordingly, the NLRC and Court of Appeals erred in reversing the said finding.   It is clear from the records that De Jesus disembarked for a medical reason. Hence, the cost of De Jesus repatriation should be borne by Celtic and POMI, pursuant to the provisions of Section 20(B)(4) of the Standard Employment Contract:   4. Upon sign-off of the seafarer from the vessel for medical treatment. The employer shall bear the full cost of repatriation in the event the seafarer is declared (1) fit for repatriation; or (2) fit to work but the employer is unable to find employment for the seafarer on board his former vessel or another vessel of the employer despite earnest efforts.     The cost of repatriation should not be deducted from De Jesus unpaid salaries of US$911.00.   Likewise, records show that De Jesus immediately reported to POMI for post-employment medical examination and treatment, but the latter adamantly refused to extend him medical assistance. He was constrained to seek medical attention from Bataan Doctors Hospital at his own expense. Celtic and POMI should, therefore, reimburse De Jesus for his medical expenses.  

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