4/1/2020 E-Library - Information At Your Fingertips: Printer Friendly reports of Chief Officer De Luna and 1st Assistant Engineer Escarola, should have therefore been admitted as sufficient support for the charges. On the whole, we are convinced that Flores' dismissal was justified on the following grounds: 1. Sowing intrigue and dissension on board the vessel M/V Morning Charm; [31] 2. Inefficiency and neglect of duty; [32] and 3. Insubordination or disobedience of the lawful orders of the shipmaster. [33] The NLRC's rulings, disregarding these grounds, do not only constitute errors in the appreciation of evidence; they were gross errors as they practically disregarded the petitioner's evidence. Hence, the CA erred in not recognizing these errors for what they were -- grossly abusive acts that affected the NLRC's exercise of its jurisdiction. The procedural due process issue The records bear out that Flores was not given a reasonable opportunity to present his side vis-à-vis the charges at the time he was dismissed. As the NLRC noted, Flores was immediately dismissed after Capt. B.H. Mun conducted his inquiry on November 17, 1997. Although Flores merely issued a vehement denial, Capt. B.H. Mun should have given him a reasonable time to explain, if necessary, in writing. While this lapse in procedure cannot negate the existence of a valid cause for Flores' dismissal, as discussed above, the violation of his right to procedural due process warrants the payment of indemnity in the form of nominal damages, as we held in Agabon v. National Labor Relations Commission. [34] Given the circumstances in the present case, we deem an award of nominal damages to Flores in the amount of P30,000.00 to be appropriate. In sum, we find the petition meritorious. WHEREFORE, premises considered, the resolutions dated October 20, 2003 and April 6, 2004 of the Court of Appeals are SET ASIDE. We DECLARE the dismissal of respondent Arnulfo R. Flores LEGAL, but AWARD him nominal damages in the amount of P30,000.00 for the violation of his procedural due process rights. No cost. SO ORDERED. Carpio, (Chairperson), Leonardo-De Castro,* Peralta,** and Perez, JJ., concur. * Designated as Acting Member of the Second Division per Special Order No. 1006 dated June 10, 2011. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52684 8/10