MARITIME INDUSTRY AUTHORITY

Department of Transportation and Communications

MARINA Regional Office No. VII
2nd Floor Quimonda IT Center
Sergio Osmea Boulevard, NRA
Cebu City
CEBU SEA CHARTERERS, INC.
Complainant,
-versus-

CASE NO._____________________
FOR: CANCELLATION AND
REVOKATION OF LICENSE,
SEAFERERS IDENTIFICATION
AND RECORD BOOK (SIRB),
DOMESTIC CERTIFICATE OF
COMPETENCY (D-COC) AND
OTHER CERTIFICATE ISSUED.

ROBERTO PORTUGALETE JR.

Respondent.
X---------------------------------/
COMPLAINT
The Complainant through the undersigned representative, unto this Honorable
Office, most respectfully aver:
1. That herein Complainant Cebu Sea Charterers, Inc. is a corporation duly
organized and existing under the laws of the Philippines with principal
office address at Seen Sam Building, Nasipit, Talamban, Cebu City,
Philippines.
2. That herein Respondent Roberto Portugalete, a former employee of the
complainant designated as 2nd Engineer of LCT 98, with residence at
Brgy. San Antonio, San Miguel, Ilo-Ilo City;
Cause of Action
3. That herein Complainant has employed herein respondent and was
assigned to act as Master of vessel LCT 98.
4. That herein respondent ROBERTO PORTUGALETE JR. holds a license
of MARINE DIESEL MECHANIC 2 issued by Maritime Industry Authority
with License No. MD2-30-001728. A copy of the Respondents License is
attached herewith as Annex A
5. That herein respondent also holds a Domestic-Certificate of
Competency (D-COC) with Serial Number 099444 and SIRB No.
B1267488. A copy of the respondents D-COC is hereby attached as
Annex B and the SIRB as Annex C.
6. That on the night of November 24, 2015 while the assigned vessel was
underway from Cebu to Puerto Princesa, the herein respondent was
involved in unlawful taking of companys property and thereby guilty of a
crime of pilferage or Theft of Diesel fuel amounting to approximately
twenty (20) drums of pure diesel fuels in connivance with his fellow
officers.

7. That on December 28, 2015, herein respondent Roberto Portugalete Jr.

was issued a Notice to explain by the company that he personally
received on January 7, 2016 and on his answer he admitted the
commission of the crime. A copy of the Notice to explain together with the
respondents answer is attached herewith as Annexes D and E.
8. That when the management issued a notice to explain to the vessel crew,
the admission of the above-mentioned respondent is further confirmed by
statements of the vessels Oiler Real Jan Dapat and Jupiter Casas and
also Engine Cadet Mark Stihl E. Jarmin. A copy of their individual
Explanation is attached herewith as Annexes F, G and H
9. That upon the internal Investigation conducted by the management, the
admission of the herein respondent was further confirmed and attested by
some credible witnesses who provided their sworn statements about the
issue of Pilferage or theft. A copy of the Sworn Statements of the three (3)
witnesses that is duly notarized and signed personally by them is hereby
attached as Annexes I, J and K.
10. That due to the act of connivance and dishonesty of 2 nd Engr. Roberto
Portugalete Jr., Chief Engr. Edward Babac and Captain Arden Elemento
the company incurred inconsiderable expenses especially on Diesel Fuel.
WHEREFORE, premises seriously considered, this Honorable
Office is respectfully prayed to issue an Order to CANCEL and/or
REVOKED the respondents License, his Seaferers Identification and
Record Book (SIRB), Domestic-Certificate of Competency and all his
Certificates.
Respectfully Submitted
Cebu City, Philippines, February 11, 2016.
PARAISO C. CASIO
LEGAL OFFICER

VERIFICATION AND CERTIFICATION

(Pursuant to SC Administrative Circular No. 04-094)
I PARAISO C. CASIO, of legal age, married, and with postal address at Seen
Sam Building, Nasipit, Talamban, Cebu City, Philippines, after having duly sworn
on oath declare that;
That I have caused the preparation of the foregoing Complaint for the
Cancellation and/or Revokation of Respondents License, Seaferers Identification
and Record Book (SIRB) and all other Certificates issued;
That I have read the contents thereof and that the same are true and correct
based on my knowledge, information and belief, and are based on authentic
records;
That I have not commenced any other actions or proceedings involving the same
issues in the Supreme Court (SC), The Court of Appeals (CA), or any other
tribunal or agency, including the MARINA Regional/Extension Office;
That if there is any action or proceeding that is either pending or may have been
terminated, I will state the status thereof;
That if I should learn thereafter that a similar action or proceeding has been filed
or is pending before the tribunal or agency or MARINA Regional Office, I
undertake to report the fact within five (5) days therefrom to this office where the
original pleading and this certification have been filed.
IN WITNESSS WHEREOF, I have hereunto affixed my signature this ____ day of
______________ 2016 at Cebu City, Philippines.

PARAISO C. CASIO
Affiant
SUBSCRIBED AND SWORN TO before
___________2016 at Cebu City, Philippines.

me

this

_______

day

NOTARY PUBLIC

Doc. No._____;
Page No._____;
Book No._____;
Series of 2016

of