6/7/2020
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De Andres was brought to Keelong Hospital in Taiwan and underwent surgical
operation. The medical findings of the said hospital are as follows:
Left Tibial shaft lower third fracture, open type III
Left Tibial shaft lower third fracture, open type III S/P ESF & K-PIN
Painful disability of left lower leg with active bleeding and bone exposure
was noted
He sustained injury over left lower leg when he work on a fishboat
Deformity of left lower leg with an 8 cm in size open wound with bone
exposure and active bleeding was noted. He was sent to ER and was
admitted for further treatment
An 8 cm in size open wound over left lower leg
Active bleeding (+)
Active bleeding (+)
Visible bone exposure (+)
Limited range of left ankle and knee due to pain
Palpable pulsation over left ankle.[7]
After twenty (20) days of confinement at the Keelong Hospital, De Andres was
transferred to the nearest lodge. On March 23, 2009, he was brought to Zueifang
Hospital due to pain and swelling over his left leg. Moreover, his exterior fixator had to
be readjusted.
De Andres averred that after the operation, he was placed in a dormitory, instead of a
hospital. There, he was left alone with no one to assist him in his recovery. On
September 4, 2009, De Andres underwent another operation because of the non-union
of his tibia. Buttress plating with autonomous bone grafting harvested from the left iliac
was done on the tibia to unite the fractured tibia. He said that he repeatedly asked for
repatriation as no one would attend to his needs in Taiwan, but his plea fell on deaf
ears.
On February 4, 2010, almost a year after his accident, De Andres was informed by the
respondents that he was free to go home. He was surprised by this decision because he
had been requesting for his repatriation since his injury. De Andres later discovered
that his repatriation was not due to his medical condition, but due to the expiration of
his employment contract.
Before he was repatriated, De Andres was made to sign a Memorandum of
Agreement[8] (MOA), stipulating that the respondents agreed to pay him NT$40,000.00
and gave him a plane ticket back to the Philippines, and that, in return, he would not
file any complaint against the respondents in the future. De Andres claimed, however,
that he was forced to sign the agreement as he would not be able to return to the
Philippines if he would not sign it. On February 5, 2010, he arrived in Manila, but no
representatives from Diamond H fetched him.
On February 8, 2010, the next working day, De Andres reported to Diamond H where
he was met by Ellen Purification (Purification), Operations Manager. He averred that
Purification invited him to go to the nearest fast-food restaurant to discuss his
predicament. There, she told him that Diamond H would not entertain any claim and
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