11/9/2020 E-Library - Information At Your Fingertips: Printer Friendly WHEREFORE, premises considered, the instant Petition for Certiorari is GRANTED. The Decision dated September 30, 2009 and the Resolution dated January 15, 2010 of the National Labor Relations Commission, Seventh Division, Cebu City, in NLRC OFW No. VAC-05-000033-2009, are REVERSED and SET ASIDE. A new decision is rendered declaring petitioner Constantino R. Cuyos to have been illegally terminated from employment. Accordingly, private respondents Meco Manning & Crewing Services, Inc., International Crew Services, Ltd. and Captain Igmedio G. Sorrera are ordered to pay, jointly and severally, [Cuyos]: (1) his salaries corresponding to the unexpired portion of his employment contract, at the rate of US$1,239.00 per month, or its peso equivalent at the exchange rate at the time of actual payment; (2) his placement fee with 12% interest per annum, pursuant to Section 10 of Republic Act No. 8042; and (3) attorney's fees of 10% of the aggregate monetary award. Let this case be remanded to the Labor Arbiter for proper computation of [Cuyos's] monetary awards in accordance with this decision. SO ORDERED.[16] The petitioners moved for reconsideration, but the same was denied by the CA in its Resolution dated January 21, 2016. Hence, this petition. The Issue WHETHER THE COURT OF APPEALS ERRED WHEN IT RULED THAT CONSTANTINO R. CUYOS WAS ILLEGALLY DISMISSED FROM EMPLOYMENT. The petitioners insist that the CA erred in reversing the Labor Arbiter's and NLRC's decisions. They argue that the logbook entries, as extracted by the master of the vessel, sufficiently established that Constantino committed serious misconduct and willful disobedience. Further, they posit that the existence of a logbook does not preclude the admission and consideration of other accounts relating to the incident on board the vessel. Thus, the Labor Arbiter and the NLRC correctly ruled that Constantino was validly dismissed as satisfactorily shown in Vera's letter and the report by Capt. Kolidas, as contained in his facsimile transmissions. They further claim that Constantino never controverted the contents of Vera's letter and the facsimile messages during the hearing of the case before the Labor Arbiter. The petitioners also maintain that the CA erred when it ruled that Constantino was not afforded due process. They contend that under Section 17(D) of the 2000 Standard Terms and Conditions Governing the Employment of Filipino Seafarer On-Board OceanGoing Vessels (POEA-SEC), dismissal for just cause may be effected by the Master without furnishing the seafarer with a notice of dismissal if there is a clear and existing danger to the safety of the crew or the vessel. For his part, Constantino, in his Comment[17] dated July 18, 2016 and Expanded https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65452 5/14