5/19/2021
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FIRST DIVISION
[ G.R. No. 227447, June 23, 2020 ]
MAGSAYSAY MARITIME CORPORATION, MASTERBULK PTE. LTD.,
AND/OR MARLON P. TRINIDAD, PETITIONERS, VS. HEIRS OF FRITZ
D. BUENAFLOR REPRESENTED BY HONORATA G. BUENAFLOR,
RESPONDENTS.
DECISION
REYES, J. JR., J.:
This resolves the Petition for Review on Certiorari[1] under Rule 45 of the Revised Rules
of Court, seeking the reversal of the Decision[2] dated December 18, 2015 and
Resolution[3] dated September 29, 2016 of the Court of Appeals (CA) in CA G.R. SP.
No. 137820. In the assailed issuances, the CA annulled the Decision dated July 30,
2014 and Resolution dated August 29, 2014 of the National Labor Relations
Commission (NLRC), which reversed the decision of the Labor Arbiter.
The Facts
Fritz D. Buenaflor (Buenaflor) was employed as Second Mate by Petitioner Magsaysay
Maritime Corporation (Magsaysay), a manning agency organized under Philippine laws,
for and on behalf of its foreign principal, Petitioner Masterbulk Pte. Ltd. (Masterbulk),
under a Philippine Overseas Employment Administration (POEA)-approved employment
contract dated February 6, 2012, for a duration of nine months. Buenaflorrs
employment commenced upon his embarkation aboard the vessel INVENTANA on May
9, 2012.
In March 2013, Buenaflor experienced persistent pain on the right side of his abdomen.
On March 13, 2013, Buenaflor was referred to Meyer Hospital in the Port of Santos, Sao
Paolo, Brazil for diagnostic procedures. After the initial test and examination, Buenaflor
was diagnosed with "intra liver nodules and Retroperitoneal lymphadenopathy." On
March 18, 2013, Buenaflor was admitted at the said hospital where he underwent a
liver biopsy. The result of the biopsy showed that Buenaflor was suffering from
"infiltrated adenocarcinoma in the liver parenchyma." Thus, the attending physician
recommended that Buenaflor be considered unfit for duty and repatriated for further
medical treatment.
On March 25, 2013, Buenaflor was repatriated to the Philippines. Upon his arrival in the
country, Magsaysay referred him to Manila Doctors Hospital (MDH) for medical
examination under the care of Dr. Benigno A. Agbayani, Jr. (Dr. Agbayani), the
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