G.R. No. 232062 , April 26, 2021
ANICETO B. OCAMPO, JR., PETITIONER, VS. INTERNATIONAL SHIP CREW MANAGEMENT PHILS. INC. (CURRENTLY: D’ AMICO SHIP ISHIMA PHILS. INC.), ISHIMA PTE. LTD., NORA B. GINETE, AND VICTOR C. VELONZA, RESPONDENTS.

FACTS

Petitioner Aniceto Ocampo, Jr. was hired as Master and Captain of MT Golden Ambrosia by respondent International Ship Crew Management Phils. Inc. On July 29, 2012, he boarded the vessel. An incident of over-discharge of methanol cargo occurred under his command. Subsequently, the principal’s Marine Safety and Crewing Director, Captain Saverio Leboffe, emailed Ocampo raising issues including the over-discharge and, based on a report from service provider representative Sandra Ross, Ocampo’s alleged racist attitude and mistreatment of Myanmar crew members. The report stated the Myanmar crew felt treated poorly and in an inhumane manner, that Ocampo shouted vulgarities at them, called them “animals,” and initially withheld and then rationed their drinking water. Ocampo was relieved from duty on September 6, 2012, and repatriated on September 11, 2012. He filed a complaint for illegal dismissal. The Labor Arbiter dismissed the complaint, finding valid dismissal. The National Labor Relations Commission (NLRC) affirmed the valid dismissal but found a failure of procedural due process, awarding nominal damages. The Court of Appeals upheld the NLRC’s decision, finding the dismissal valid due to serious misconduct (racist behavior) and gross negligence/loss of trust and confidence over the methanol incident.

ISSUE

Whether the petitioner was validly dismissed from employment.

RULING

Yes, the petitioner was validly dismissed. The Supreme Court affirmed the lower tribunals’ findings.
1. On Serious Misconduct (Racist Behavior): The Court held that a vessel’s Master who discriminates against crew members based on national and ethnic origin may be validly dismissed for serious misconduct. The allegations of racist behavior were supported by substantial evidence, including the detailed report from Sandra Ross, which was based on direct complaints from the Myanmar crew members to her and to Captain Leboffe, who personally investigated. The petitioner’s failure to substantively refute these allegations when given the opportunity reinforced their credibility. Such conduct constitutes a transgression of established rules of behavior under Article 297(a) of the Labor Code and violates the International Convention on the Elimination of All Forms of Racial Discrimination.
2. On Gross Negligence and Loss of Trust and Confidence: The Court found the petitioner grossly negligent for the over-discharge of methanol. As Master, he bore overall responsibility for the vessel’s safe operation and cargo delivery. His attempt to blame the Chief Officer was unavailing, as his duty was to supervise and ensure the proper conduct of operations. This single act of gross negligence, coupled with his misconduct towards the crew, justified dismissal. Furthermore, as a Master occupying a position of utmost trust and confidence, his actions warranted the employer’s loss of trust, which is a valid ground for dismissal under Article 297(c) of the Labor Code.
3. On Procedural Due Process: The Court noted the NLRC’s unappealed finding that procedural due process was not observed, warranting the award of nominal damages. However, this procedural lapse did not invalidate the dismissal, which was based on just causes.
The Petition for Review was denied. The Court of Appeals’ Decision and Resolution dismissing the petition for certiorari were affirmed.