11/9/2020 E-Library - Information At Your Fingertips: Printer Friendly the seafarer with a notice of dismissal if doing so will prejudice the safety of the crew or the vessel. This information shall be entered in the ship's logbook. The Master shall send a complete report to the manning agency substantiated by witnesses, testimonies and any other documents in support thereof. As already discussed, Section 17(D) is inapplicable to this case because the alleged offenses by Constantino have not been established by substantial evidence. Assuming for the sake of argument that the aforesaid infractions have been duly shown, Section 17(D) would still be inapplicable because Capt. Kolidas failed to conduct the required investigation under Section 17(B). Finally, it is clear from Section 17 that it is only the second notice or the notice of dismissal which may be dispensed with under exceptional circumstances - the first written notice could never be dispensed with. The seafareremployee should always be furnished with the written notice informing him of the charges against him and the date, time, and place of the formal investigation. Very clearly, the petitioners failed to afford Constantino with procedural due process prior to his termination. Propriety of the monetary awards. In a plethora of cases, the Court has held that illegally dismissed overseas workers, including seafarers, shall be entitled to salaries corresponding to the unexpired portion of their employment contracts.[26] This includes the monthly vacation leave pay and all other benefits guaranteed in the employment contract which were not made contingent upon the performance of any task or the fulfilment of any condition.[27] In this case, Constantino's employment contract provides that the duration of his employment is eight months, or from December 10, 2007 to August 9, 2008. Unfortunately, he was illegally dismissed from his employment on February 14, 2008 or after serving for just two months. Thus, he is entitled to his salaries corresponding to the unexpired portion of his contract which is six months. Thus, the appellate court correctly awarded Constantino with his salary for the unserved portion of his contract at the rate of US$1,239.00 per month. Constantino was also properly awarded the full reimbursement of his placement fee and the deductions made with interest at the rate of 12% per annum pursuant to Section 10 of Republic Act (R.A.) No. 8042, as amended by R.A. No. 10022. Nevertheless, the appellate court erred when it did not include in its award the Seniority Pay at the rate of US$99.00 per month, the Supplement Bonus at the rate of US$464.00 per month, and the Vacation Leave Pay at the rate of US$495.00 per month. The Court notes that Seniority Pay and Supplement Bonus are included under the item for "Basic Monthly Salary" under Constantino's employment contract. Further, they do not appear to be dependent upon any contingency. Thus, they must form part of Constantino's guaranteed benefits. From these considerations, it is clear that Constantino is entitled to backwages in the total amount of US$13,782.00 computed as follows - US$13,782:00 = (US$1,239.00 + US$99.00 + US$464.00 + US$495.00) x 6 months. These money awards are further subject to the payment of interest at the rate of 6% per annum from the finality of the decision.[28] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65452 10/14