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735 PHIL. 300
THIRD DIVISION
[ G.R. No. 197303, June 04, 2014 ]
APQ SHIPMANAGEMENT CO., LTD., AND APQ CREW MANAGEMENT
USA, INC., PETITIONERS, VS. ANGELITO L. CASEÑAS,
RESPONDENT.
DECISION
MENDOZA, J.:
This petition for review on certiorari under Rule 45 of the Rules of Court seeks to
review, reverse and set aside the January 24, 2011 Decision[1] and the June 1, 2011
Resolution[2] of the Court of Appeals (CA), in CA-G.R. SP No. 112997, which annulled
and set aside the October 14, 2009 Decision of the National Labor Relations
Commission (NLRC) in NLRC LAC No. 04-000220-09, where respondent Angelito L.
Caseñas (Caseñas) was seeking disability and other benefits against petitioner APQ
Shipmanagement Co., Ltd. (APQ) and petitioner-principal APQ Crew Management USA,
Inc. (Crew Management). [3]
It appears from the records that in June 2004, Casenas was hired by APQ, acting for
and in behalf of its principal, Crew Management, as Chief Mate for vessel MV
Perseverance for a period of eight (8) months starting from June 16, 2004 to February
16, 2005, with a basic monthly salary of US$840.00, for forty-eight (48) hours a week,
with US$329.00 as overtime pay.
In his Position Paper,[4] Casenas further alleged that on June 16, 2004, he left Manila to
join his assigned vessel in Miami, Florida, USA, though the vessel could not leave the
Florida port because of its incomplete documents for operation; that consequently, he
was transferred to another vessel, MV HAITIEN PRIDE, which was in Haiti, although
again because of incomplete documents, the vessel could not leave the port and
remained at Cap Haitien; that together with the rest of the vessel's officers and crew,
he was left to fend for himself; that they were not provided food and water and had to
fish for their own food and were not paid their salaries; that he suffered extreme stress
and anxiety because of the uncertainty of the situation; that his employment contract
was extended by APQ from the original eight (8) months to twenty-six (26) months;
that the vessel eventually left for Bahamas; that he felt he became weaker and got
tired easily; that despite his unpaid wages and weakened condition, he performed his
duties as Chief Mate diligently; that in August 2006, he began to suffer shortness of
breath, headache and chest pains; that he was then brought to the Grand Bahamas
Health Services and was diagnosed with hypertension and was given medicines; that he
was then repatriated due to his condition and he arrived in the Philippines on August
30, 2006; that within three (3) days thereafter, he reported to APQ for postelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56987
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