5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 743 Phil. 457 FIRST DIVISION [ G.R. No. 206555, September 17, 2014 ] ATTY. FORTUNATO PAGDANGANAN, JR., ATTY. ABIGAIL D. SUAREZ, AND EUGENIO A. VILLANUEVA, PETITIONERS, VS. FLORENTINO P. SARMIENTO, RESPONDENT. DECISION PERLAS-BERNABE, J.: Assailed in this petition for review on certiorari[1] are the Decision[2] dated October 23, 2012 and the Resolution[3] dated March 26, 2013 of the Court of Appeals (CA) in CAG.R. SP No. 118912 which reversed and set aside the Decision[4] dated September 30, 2010 and the Resolution[5] dated December 30, 2010 of the National Labor Relations Commission (NLRC) in NLRC NCR Case No. OFW(M) 05-07119-09/NLRC LAC No. OFW(M) 03-000209-10 which, inter alia, absolved petitioners Atty. Fortunato Pagdanganan, Jr. (Atty. Pagdanganan), Atty. Abigail D. Suarez (Atty. Suarez), and Eugenio A. Villanueva (Villanueva) from any liability in connection with the labor complaint filed by respondent Florentino P. Sarmiento (Sarmiento). The Facts On May 8, 2008, Sea Gem Maritime International, Inc. (Sea Gem), on behalf of its foreign principal, Corinthian Maritime S. A. (Corinthian), hired Sarmiento as Chief Mate of the vessel M/T Intuition[6] for an initial period of seven (7) months. On May 10, 2008, he boarded the said vessel.[7] Upon the expiration of the contract on December 10, 2008, the same was extended for another two (2) months; thereafter, or on January 3, 2009, Sarmiento was transferred to the vessel M/T Setubal I[8] where he was also assigned as its Chief Mate.[9] On January 14, 2009, while M/T Setubal I was docked at Nigeria, Sarmiento felt a loss of strength in his left arm and fingers. Upon examination at the Adeiza Clinic in Lagos, Nigeria, he was diagnosed to have Mild Cardiovascular Stroke, Disused Atrophy of the Left Hand, and Hypertension, for which his repatriation was recommended.[10] Hence, on January 18, 2009, Sarmiento was repatriated to the Philippines and referred to the MRI Diagnosis Center.[11] Subsequently, or on July 7, 2009,[12] Sarmiento filed a complaint against Sea Gem, Corinthian, Cielo B. Peñalosa (Peñalosa), Gracia P. Fernandez (Fernandez), Dulce P. Cruz (D. Cruz), Grace Ann C. Javier (Javier), Allan P. Cruz (A. Cruz), Abigail Torrefil (Torrefil), Joseph Stevenson B. Alican (Alican), and herein petitioners Atty. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57652 1/9

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