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letter as indications of Flores' efforts to bypass his authority and to act at cross
purposes with him.
It is clear that the letters of Chief Officer De Luna [21] and 1st Assistant Engineer
Escarola [22] to Panstar's Capt. Chung, detailing how Flores agitated the crew (with
charges of mismanagement of the vessel), and Capt. B.H. Mun's letter to the agency all
depict a radio officer who undermined the authority of the shipmaster and the other
officers in the guise of raising labor-management issues on board the vessel.
Additionally and as an indication of his disrespect for the vessel's management, as well
as his low regard for his work, he neglected his duties as radio officer and disobeyed
Capt. B.H. Mun's instructions on several occasions. It is no surprise that his record of
service [23] yielded a very poor assessment or a "no further employment" assessment.
The NLRC grossly erred in rejecting the letters as proof of the validity of Flores'
dismissal. It misappreciated the contents of the letters, especially that of Capt. B.H.
Mun. They did not contain "a mere accusation of wrongdoing." [24] The letters made
direct affirmative statements on Flores' transgressions, all of which only elicited angry
denials from him. More significantly, he failed to refute the charges in the compulsory
arbitration proceedings, as the labor arbiter emphasized in his decision. This aspect of
the case should have been given due consideration by the NLRC.
In a different vein, Flores questioned the probative value of Capt. B.H. Mun's
statements, contending that they are self-serving. He regarded them as pure hearsay
which cannot be considered as evidence. It bears stressing in this regard that under the
law, technical rules of evidence are not binding in administrative proceedings, and the
NLRC and the labor arbiters "shall use every and all reasonable means to ascertain the
facts in each case speedily and objectively and without regard to technicalities of law or
procedure, all in the interest of due process." [25]
Hearsay or not, and by way of reiteration, Capt. B.H. Mun's statements cannot just be
ignored, for Flores himself admitted in his position paper, as noted by the labor arbiter,
that the shipmaster asked him to be the coordinator or go-between for several crew
members who wanted to pre-terminate their contract. [26] It is not disputed that Flores
acted as such coordinator between the crew and Capt. B.H. Mun. Thus, Capt. B.H. Mun
specifically asked him to explain to the crew the deduction of US$40.00 from their
monthly allotment for the AMOSUP Fund so that they would understand and would not
to be agitated; instead of doing this, he stirred up the crew further. In fractured
English, Capt. B.H. Mun stated:
Notwithstand he should if necessary take all his way be persuaded and
kindly explained to the crew about misunderstanding ITF contents, but he
did has to say nothing of crew persuasion, more excite with big voices and
stir up to the crew to mischief. Two anhalf months ago, I asked him that
don't be helping to crew to be sent company their letters specially, because
his prepared it for crew had writ down his own complaining with unless and
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52684
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