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the vessel until his letter demanding his relief. The telex message outlining numerous
complaints against petitioner probably bruised his ego, causing petitioner to react
impulsively by resigning.
Petitioner failed to substantiate his claim that he and the Filipino crew members were
being subjected to racial discrimination on board. Petitioner presented a letter-petition
against a Greek technician who allegedly maltreated Filipino crew members. However,
there was no showing that the Greek technician spearheaded nor had any participation
in the complaint of Colonial Shipping against petitioner.
Labor Arbiter Concepcion’s finding of resignation was best explained in the NLRC
Decision, to wit:
The records show that in a telefax message dated July 28, 1995, the
shipowner, Colonial Navigation Co. Inc. has made a complaint to Mr. Rodney
Lim, which the latter forwarded to the respondent PAL Maritime, regarding
poor work performance of the complainant as Master of the Vessel. The
complainant’s deficiencies were enumerated as follows:
a)
b)
c)
d)
Poor communication exist among the by[sic] personnel;
The vessels’ certificates and company procedures were
disorganized;
The Master did not have an awareness of the purpose of the
key documents, such as the ship board oil pollution
emergency plan;
The Master despite on board for one month did not have any
awareness of the safety procedures that the company has set
out in its Manuals.
In connection with the aforementioned deficiencies, the complainant was
given by the owner one month to take corrective measures to improve the
operational and maintenance standards on board the vessel. x x x.
Thereafter, the complainant was informed of the aforesaid complaint by the
respondent as shown in the telefax message dated July 31, 1995 x x x.
While the complainant denied the accusations of the owners he made a
counter charge that the owners are racists x x x. In response thereto, the
owners were surprised with the accusation of the complainant considering
that they have been a principal of respondent PAL Maritime for more than
four years and have employed several Filipino seamen x x x. Instead of
complying with the request of the shipowners, the complainant opted to be
relieved from his post. His telefax message in part reads:
x x x Anyhow to avoid repetition [on] more harsh reports to come, better
arranges my reliever [and] c/o Bustillo reliever also. Upon ARR next USA
loading port for their satisfaction x x x.
The foregoing exchange of communications clearly shows that complainant
was not dismissed from the service but he opted to be relieved from his post
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