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713 Phil. 487
FIRST DIVISION
[ G.R. No. 199932, July 03, 2013 ]
CAMILO A. ESGUERRA, PETITIONER, VS. UNITED PHILIPPINES
LINES, INC., BELSHIPS MANAGEMENT (SINGAPORE) PTE LTD.,
AND/OR FERNANDO T. LISING, RESPONDENTS.
DECISION
REYES, J.:
This is a petition for review on certiorari[1] under Rule 45 of the Rules of Court assailing
the Decision[2] dated May 26, 2011 and Resolution[3] dated December 29, 2011 of the
Court of Appeals (CA) in CA-G.R. SP No. 116631 which awarded disability benefits to
Camilo Esguerra (petitioner) pursuant to the Philippine Overseas Employment
Administration-Standard Employment Contract for Seafarers (POEA-SEC) and not under
the collective bargaining agreement (CBA) as previously adjudged by the Labor Arbiter
(LA) and the National Labor Relations Commission (NLRC).
The Facts
On October 26, 2007, United Philippines Lines, Inc. (UPLI), a Philippine-registered
manning agency, in behalf of its principal, Belships Management (Singapore) Pte Ltd.,
(Belships), hired the petitioner to work as a fitter on board the vessel ‘M/V Jaco
Triumph’ for a period of nine (9) months or until July 2008, subject to a one (1) month
extension upon mutual agreement of the parties.[4]
Their contract of employment was approved by the POEA and it contained a clause
stating that “[t]he current PSU/ITF TCC Agreement shall be considered to be
incorporated into and to form part of this contract.”[5]
On August 21, 2008, while the petitioner was welding wedges inside Hatch 5 of the
vessel, a manhole cover accidentally fell and hit the petitioner on the head. The impact
of the blow caused him pain on his neck and shoulders despite him wearing a
protective helmet. He was given immediate medical attention and was kept under
constant monitoring and observation.[6]
On September 11, 2008, the petitioner was medically repatriated to the Philippines
where he arrived two (2) days later.[7]
On September 15, 2008, he consulted UPLI’s accredited physician, Dr. Raymund Sugay
of the Physicians’ Diagnostic Center. After a physical examination, the petitioner was
found to be suffering from tenderness of paravertebral muscles along his back. The xelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56076
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