such as: (1) the logbook extracts submitted by petitioners to corroborate its defense
that respondents were dismissed for incompetence and (2) the confirmation letters
presented by the respondents showing that they were signed off to transfer to
another vessel due to crew reduction per Administration’s status and Owner’s
Orders. Both parties had questioned the authenticity and veracity of the
documentary evidence presented by the opposing party.
To conform to the Resolution of the NLRC dated 31 May 2001, the Labor
Arbiter conducted further proceedings. The Labor Arbiter rendered a
Decision[12] on 13 February 2002 dismissing the respondents for being unfit and
incompetent to perform their respective functions, overturning his previous
Decision of 20 September 1999. The dispositive portion reads, thus:
WHEREFORE, in the light of the foregoing premises, the above-entitled
case is hereby DISMISSED for being devoid of legal merit.
To justify his findings, the Labor Arbiter made the following discussions,
thus:
After a careful re-evaluation of the evidence on record, this Office
finds that it indeed overlooked the fact that there are pieces of evidence for
the respondents other than the telex mentioned in the subject Decision. That
contrary to its findings in the questioned Decision dated 20 September 1999
that respondents’ evidence in support of their defense in this case consists solely
of an “uncorroborated telex message,” respondents actually have adduced other
pertinent evidence such as logbook extracts and the Master’s Statement
supporting such logbook entries. Be it emphasized at this juncture that in our
jurisdiction, it is settled and recognized that logbook entries constitute prima
facie evidence of the facts contained therein and have enjoy the stamp of
presumption of regularity.[13]
Aggrieved, it was the respondents’ turn to interpose an appeal before the
NLRC en banc. The NLRC rendered a Resolution[14] on 26 May 2003 affirming
the afore-quoted findings of the Labor Arbiter, thus:
WHEREFORE, premises considered, the assailed decision is
hereby affirmed. Complainant’s appeal is dismissed for lack of merit.