The crew contract for his employment was effective for a fixed duration of one (1) year,
with a stipulated monthly basic pay of $1,375.00 U.S. Dollars, and fixed overtime pay of
$402.50 U.S. Dollars a month, or a total of $1,787.50 U.S. Dollars per month, with an
additional 2 days leave a month. So on February 18, 1987, private respondent joined
the vessel at the port of Rotterdam, the Netherlands, and assumed his duties and
responsibilities as Chief Engineer.
On April 2, 1987, or barely three (3) months after boarding the vessel, private
respondent was informed by Captain Jose B. Orquinaza, the ships Master, that he was
relieved of his duties per recommendation of the Marine Superintendent, Mr. Peter
Robinson, due to his poor performance (Annex G, Petition). He was in effect terminated
from the service. This came after private respondent had a verbal altercation with
Robinson, a British national, regarding the discipline or lack thereof of the Filipino crew
under private respondents supervision. No inquiry or investigation, however, regarding
his supposed incompetence or negligence was ever conducted; neither was private
respondent furnished with a notice or memorandum regarding the cause of his
dismissal.
Private respondent was made to disembark at the port of Oslo, Norway, and
immediately repatriated to the country. Contrary to his perceived incompetence, private
respondents Seamens Book contained the following entries:
Conduct
- Very good
Ability - Very good
Remarks
- Highly Recommended
(Annex F, p. 5, Petition)
Assignment of Errors
In their memorandum, petitioners submit that Respondent Commission gravely abused
its discretion by:xii[12]
a. Rendering the assailed resolution and decisions without a full-blown trial on the
merits, and
b. Disregarding the evidence for the petitioners and ruling that the company illegally
dismissed Basconcillo.
The Courts Ruling
The petition is bereft of merit. The petitioners failed to prove the elements of a valid
dismissal, namely: (1) just cause and (2) due process.