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762 PHIL. 43
THIRD DIVISION
[ G.R. No. 179226, June 29, 2015 ]
MA. SUSANA A. AWATIN, AND ON BEHALF OF THE
HEIRS/BENEFICIARIES OF DECEASED ALBERTO AWATIN,
PETITIONER, VS. AVANTGARDE SHIPPING CORPORATION AND
MRS. DORA G. PASCUAL, OFFSHORE MARITIME MANAGEMENT
INT'L., INC. (SWITZERLAND), SEABLUK TRESURE ISLAND,
RESPONDENT.
DECISION
PERALTA, J.:
For this Court's resolution is the Petition for Review on Certiorari under Rule 45 of the
Rules of Court of petitioners Ma. Susana A. Awatin, and on behalf of the
heirs/beneficiaries of deceased Alberto Awatin that seeks to reverse and set aside the
Decision[1] and Resolution of the Court of Appeals, dated March 21, 2007 and August 3,
2007, respectively.
The facts follow.
Alberto B. Awatin (Awatin) was recruited and hired as Master for the vessel M/V
Seabulk Treasure Island by private respondent Avantgarde Shipping Corporation
(Avantgarde), for its principal, Offshore Marine Management International, Inc.
(Switzerland) on January 16, 2001. The Contract of Employment provided, among
others, for a term of six (6) months, a monthly basic salary of US$1,750.00, fixed
overtime pay of US$700.00 per month and vacation leave pay of US$350.00. Awatin
joined the vessel M/V Seabulk Treasure Island on January 21, 2001 after submitting the
required pre-employment medical examination where he was declared “fit to work” by
the company designated physician.
Before his employment with M/V Seabulk Treasure Island, Awatin claimed to have been
continuously and exclusively employed by Avantgarde under successive contractual
service as “Master” for various cargo vessels since May 28, 1997.
Awatin was repatriated back to the Philippines on July 29, 2001 after completing his
employment contract. Awatin's wife, Susana Awatin (petitioner), claimed that her
husband underwent medical check-up at the Camiguin General Hospital in Mambajao,
Camiguin, due to difficulty in breathing, coupled with hard and painful cough. He was
treated by Dr. Joseph Chrysler Beja and diagnosed to have “Massive Ascitis, Secondary
to Adenocarcinoma, Moderate Pleural Effusion, Right Lung” and “repeated abdominal
paracentesis due to recurrent ascitis.”
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