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6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly 807 Phil. 164 FIRST DIVISION [ G. R. No. 184917, March 13, 2017 ] JESSIE M. DOROTEO (DECEASED), REPRESENTED BY HIS SISTER, LUCIDA D. HERMIS, PETITIONER, V. PHILIMARE INCORPORATED, BONIFACIO GOMEZ, AND/OR FIL CARGO SHIPPING CORP., RESPONDENTS. [G. R. No. 184932, March 13, 2017] PHILIMARE INCORPORATED, BONIFACIO GOMEZ, AND/OR FIL CARGO SHIPPING CORP., PETITIONERS, V. JESSIE M. DOROTEO (DECEASED), REPRESENTED BY HIS SISTER, LUCIDA D. HERMIS, RESPONDENT. DECISION SERENO, C.J.: For resolution by this Court is a consolidated case involving Jessie M. Doroteo, now deceased and represented by his sister, and his employer Philimare, Incorporated, a dispute springing from Doroteo's claims for disability and other monetary claims against Philimare.[1] G.R. No. 184917 is a petition filed by Doroteo contesting the Decision and Resolution of the Court of Appeals (CA) dated 4 April 2008 and 9 October 2008 respectively, that partially granted damages to Doroteo in the amount of P300,000 but denied all other claims against Philimare.[2] G.R. No. 184932 is a petition filed by Philimare against the same Decision and Resolution, contesting the award of damages to Doroteo. The CA Decision and Resolution had partly granted Doroteo's petition against the Resolutions of the National Labor Relations Commission (NLRC) dated 28 February 2007[3] and 31 May 2007,[4] by awarding Doroteo damages in the amount of P300,000.00,[5] but affirming the rulings of the NLRC and Labor Arbiter.[6] The facts of this case present a consensus of facts by both parties in respect of the most essential incidents. Philimare is a local manning agency that hired Doroteo as an engineer on behalf of FilCargo Shipping Corporation.[7] The contract of employment was executed on 13 February 2004 for a period of 3 months. Doroteo was assigned to the vessel M/V Tungenes on 24 February 2004.[8] As the vessel passed through the coast of Spain between 25 March 2004 to 30 March 2004, petitioner claimed that he felt the engine room's temperature rising, and he drank cold water to cool himself.[9] On 30 March 2004 in Haiti, Doroteo felt pain in his elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62954 1/13

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Jessie M. Doroteo (Deceased), represented by his sister, Lucida D. Hermis vs. Philimare Incorporated, Bonifacio Gomez, and/or Fil Cargo Shipping Corp./Philimare Incorporated, Bonifacio Gomez, and/or Fil Cargo Shipping Corp. vs. Jessie M. Doroteo (Deceased)

Jurisprudence

Case number: G.R. No. 184917

Division: PH Supreme Court First Division

Date of decision: Mar 13, 2017

Year of decision: 2017

Nature of the case: LIABILITIES OF THE EMPLOYER WHEN THE SEAFARER SUFFERS INJURY OR ILLNESS DURING THE TERM OF HIS/HER CONTRACT

MRO Case Type

Appeal to the NLRC
Award of moral and exemplary damages and attorney’s fees
Claim of compensation and benefits
Disabilities
Joint and solidary liability of agency and employer
Liabilities of the employer when the seafarer suffers injury or illness during the term of his/her contract
Requirements for compensability

Summary of outcome: The Court found no correlation between the throat cancer which the deceased seafarer, Doroteo, had acquired and his working conditions. Based on the evidence presented, the Court could not reasonably conclude that his work as an engineer in the engine room led to his throat cancer. As such, the Court denied his claim for disability.

Nevertheless, the Court found that Philimare failed to rebut Doroteo's allegation that on several instances, he was refused medical attention by the ship master. Philimare did not extend any help to its dying seaman while he was under its employ, and prior to his death. The Court declared this to be a case of gross negligence, tantamount to bad faith. Philimare violated the provisions of the Labor Code, as well as the Civil Code provisions on the exercise of rights in good faith. Hence, the Court awarded moral and exemplary damages in favor of Doroteo's heirs.

Observatory: Migrant Workers Rights

Affected Sector

Contractual Employee
Migrant Worker / Former Migrant Worker

Keywords

Right to social justice and human rights

Ponente: SERENO, CJ.

Notes: On several instances, the deceased was refused medical attention by the ship master. These happened upon their arrival at the Caribbean (where he requested for a medical check-up at the hospital but was refused by the ship master) and Denmark (where his request for medicine was denied due to a lack of antibiotics). Upon repatriation, the company physician had also asked him to pay the sum of P200,000.00, prior to rendering treatment, showing disregard of his conditions.

Geolocation 1

Latitude: 14.580419

Longitude: 120.981478

: Geolocation 1

Primary Documents

2017_G.R. No. 184917_March.pdf
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