4/29/2020
E-Library - Information At Your Fingertips: Printer Friendly
710 Phil. 45
SECOND DIVISION
[ G.R. No. 177103, June 03, 2013 ]
ORIENTAL SHIPMANAGEMENT CO., INC., ROSENDO C. HERRERA,
AND BENNET SHIPPING SA LIBERIA, PETITIONERS, VS. RAINERIO
N. NAZAL, RESPONDENT.
DECISION
BRION, J.:
We resolve the petition for review on certiorari[1] filed by the petitioners, seeking to
nullify the resolutions dated December 19, 2006[2] and March 23, 2007[3] rendered by
the Court of Appeals (CA) in CA-G.R. SP No. 97180.
The Antecedents
On November 15, 2000, respondent Rainerio N. Nazal entered into a twelve-month
contract of employment[4] as cook with Oriental Shipmanagement Co., Inc. (agency)
for its principal, Bennet Shipping SA Liberia (collectively, petitioners). He was to receive
US$500.00 plus other benefits. He had two earlier contracts with the petitioners – from
January 25, 1999 to September 14, 1999 and from February 12, 2000 to August 2000.
Nazal boarded the vessel M/V Rover on November 22, 2000 and finished his contract
on November 24, 2001. Allegedly after his arrival in Manila, he reported to one Ding
Colorado of the agency about his health condition and work experience on board M/V
Rover. He claimed that the agency referred him to a company-designated physician
who found him to be suffering from high blood pressure and diabetes. He then asked
for compensation and medical assistance, but the agency denied his request. The
agency allegedly advised him not to work again.
On May 18, 2002, Nazal consulted Dr. Virginia Nazal, an internal medicine and diabetes
specialist, of Clinica Nazal. Almost a year after, or on May 3, 2003, he underwent a
medical examination at Clinica Nazal, which included a random blood sugar test. His
blood sugar registered at 339. On September 8, 2004, more than a year later, Dr. Nazal
certified Nazal to be unfit to work as a seaman.
Claiming that his condition was getting worse, Nazal went to the Philippine Heart
Center on September 29, 2004 and underwent medical examination and treatment
under the care of Dr. Efren Vicaldo, an internist- cardiologist. Dr. Vicaldo diagnosed
Nazal’s
condition
as:
hypertension,
uncontrolled;
diabetes
mellitus,
uncontrolled; impediment grade X (20.15 %); and unfit to resume work as a
seaman in any capacity.[5]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55870
1/9