petitioners failed to make up for the weakness of the evidence upon which they
confidently anchored the merits of their case.
Likewise, the belated submission of the report by Villegas, long after the
incidents referred to had taken place and after the complaint had been lodged by
private respondents, weighs heavily against its credibility. Petitioners did not
show any convincing reason why said report was only accomplished
on September 22, 1989. They merely argued that as in criminal cases, the witness
is
usually
reluctant to report an incident. At any rate, with present
technology, a ship out at sea is not so isolated that its captain cannot instantly
communicate with its office. It would appear that the report, filed several months
later, is but an afterthought.
Therefore, the CA was correct in affirming the findings and conclusions of
both the Labor Arbiter and the NLRC.
Petitioner maintains that it complied with the requisites of procedural due
process. According to petitioner, respondent was constantly reprimanded and
rebuked for his acts. Petitioner also contends that the ship’s Master is allowed to
dismiss an erring seafarer without hearing under Section 17, paragraph D of the
Philippine Overseas Employment Administration (POEA) Standard Employment
Conditions Governing the Employment of Filipino Seafarers on Board OceanGoing Vessels. Paragraph D, Section 17, however, is not applicable in
respondent’s case.
Section 17 sets forth the disciplinary procedures against erring seafarers, to
wit:
Section 17. DISCIPLINARY PROCEDURES
The Master shall comply with the following disciplinary procedures against an
erring seafarer:
A. The Master shall furnish the seafarer with a written notice containing the
following:
1. Grounds for the charges as listed in Section 31 of this Contract.