6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
767 Phil. 750
THIRD DIVISION
[ G.R. No. 170706, August 26, 2015 ]
PRUDENCIO CARANTO, PETITIONER, VS. BERGESEN D.Y. PHILS.
AND/OR BERGESEN D.Y. A.S.A., RESPONDENTS,
DECISION
PERALTA, J.:
Before us is a petition for review on certiorari assailing the Decision[1] dated September
9, 2005 of the Court of Appeals issued inCA- G.R. SP No. 87979 which reversed the
Resolution[2] dated August 31, 2004 of the National Labor Relations Commission
(NLRC) in NLRC NCR Case No. (M) 00-09-1459-00. Also assailed is theCA Resolution[3]
dated December 9, 2005 denying reconsideration thereof.
On October 21, 1999, petitioner was hired by respondent Bergesen D. Y. Phils., Inc.,
the local manning agent of respondent Bergesen D. Y. ASA, as Chief Steward/Cook
aboard its vessel "M/V Berge Hus", for a period of 9 months with a salary of US$877.00
per month.[4] Petitioner had previouslyentered into 3 separate
contracts of
employment with respondents. Petitiorter is a member of the Associated Marine
Officers' and Seamen's Union pCthe Philippines (AMOSUP) which has a Collective
Bargaining (CBA) with respondent foreign principal, represented by respondent local
manning agent.[5] Petitioner underwent a pre-employment medical examination (PEME)
before he was deployed for overseas employment. His PEME indicated that he was fit
for sea service but with a notation "Class B diabetes mellitus controlled with
medications".[6] Petitioner embarked on respondents' vessel and left the Philippines on
December 11, 1999.
On December 18, 1999, while on board the vessel, petitioner felt a severe headache
accompanied by fever and dizziness. Despite the medication given him by the Chief
Mate, his condition did not improve. He was examined by a medical doctor from Jivan
Deep Hospital and Polyclinic in Jamnagar, India, who diagnosed him to be suffering;
from diabetes mellitus and hypertension.[7] He was then signed off from the vessel and
repatriated to the Philippines on December 25, 1999 for further medical treatment.
On January 3, 2000, petitioner was referred to Dr. Nicomedes G. Cruz (Dr. Cruz), the
company-designated physician, from Medical Center Manila. Dr. Cruz had seen
petitioner seven times[8] wherein he instructed the latter to undergo laboratory
examinations. He had issued reports[9] on different dates indicating the laboratory
results and the prescribed medications as well as petitioner's physical condition. During
petitioner's visit on April 7, 2000, Dr. Cruz found that petitioner was not suffering from
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61060
1/12