dismiss him;iii[3] not to mention the opportunity to answer and rebut the charges against him, in
between such notices.iv[4]
In the case at bar, the evidence on record belies private respondents claim that petitioner was
afforded due process. The abstract of the logbook states:
M/V FEDERAL NORD
ABSTRACT FROM DECK LOG BOOK RE: CH/COOK LEGAHI CRISTONICO B.
6th JANUARY 1993
AT 0900 HRS. TODAY THE MASTER WAS ASKING THE CH/COOK LAGAHE,
CRISTONICO IF HE OR THE R/OFF COULD HELP HIM WITH THE VICT. COST
STATEMENT WHICH HE WAS NOT ABLE TO DO HIMSELF CORRECT.
WHEN THE MASTER TOLD HIM TO TAKE TIME AND TRY TO CORRECT HIS
REPLY IN A BAD WAY WAS, LET SOME OFFICERS DO THE JOB. I ONLY COME
TO THE SHIP TO COOK. HE ALSO REFUSED TO MEET IN THE MASTERS OFFICE
TOGETHER WITH THE CH/OFFICER WHEN HE WAS ORDERED TO.
SINCE HE IS REFUSING TO TAKE ORDERS FROM THE MASTER OF THE SHIP HE
WILL BE SENT HOME IN FIRST POSSIBLE PORT WERE HE CAN BE RELIEFED
(SIC).
13th JANUARY 1993
AT 0700 HRS. THE CH/COOK LEGAHI CRISTONICO B. LEFT THE VESSEL
WITHOUT PERMISSION, HE RETURNED LATER IN THE DAY BUT WAS NOT
DOING ANY WORK.
14th JANUARY 1993
AT 1030 HRS. A HEARING WAS HELD IN THE OWNERS OFFICE REGARDING THE
DISMISSAL OF CH/COOK LEGAHI CRISTONICO B. MASTER AS CHAIRMAN AND
COMMITTEE CONSISTING OF CH/OFF. PULGO LEONIDES T., CH/ENGR.
SERMONINA TOMAS C., AND BOSUN DAMOCLES CAMILO A. THE CASE OF
DISMISSAL WAS READ OUT FOR THE CH/COOK LEGAHI ACCORDING TO THE
PROCEDURE PARA 16 IN THE SEAMANS ACT. ENTERED IN THE LOGBOOK 6/193 AND 13/1-93. AT 1140 THE HEARING WAS ENDED, AND AT 1200 HRS. THE
CH/COOK LEGAHI WILL LEAVE THE VESSEL TO BE SENT HOME.v[5]
Reading between the lines from the entries of the logbook, which by the very nature of things
could well be self-serving, it is rather apparent that as early as January 6, 1993, the employer had
already decided to dismiss petitioner and sent home for his alleged refusal to obey the orders of
his superiors. On January 14, 1993, the committee read to petitioner his alleged offenses which