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760 PHIL. 861
SECOND DIVISION
[ G.R. No. 199568, June 17, 2015 ]
DOHLE-PHILMAN MANNING AGENCY, INC., DOHLE (IOM) LIMITED
AND/OR CAPT. MANOLO T. GACUTAN, PETITIONERS, VS. HEIRS OF
ANDRES G. GAZZINGAN, REPRESENTED BY LENIE L. GAZZINGAN,
RESPONDENTS.
DECISION
DEL CASTILLO, J.:
Under the Philippine Overseas Employment Administration-Standard Employment
Contract (POEA-SEC), an illness suffered by a seafarer during the term of his contract is
presumed to be work-related and compensable. This rule is in consonance with the
POEA’s mandate to secure the best terms and conditions of employment of Filipino
contract workers and to promote and protect their well-being.
By this Petition for Review on Certiorari,[1] Dohle-Philman Manning Agency, Inc., Dohle
(IOM) Limited and/or Capt. Manolo T. Gacutan (petitioners) assail the May 26, 2011
Decision[2] and November 25, 2011 Resolution[3] of the Court of Appeals (CA) in CAG.R. SP No. 103580, which nullified the January 31, 2008 Decision[4] and March 12,
2008 Resolution[5] of the National Labor Relations Commission (NLRC) and ordered
petitioners to pay respondents, as legal heirs of Andres G. Gazzingan (Gazzingan), total
permanent disability benefits in the amount of US$50,000.00 and sickness allowance of
US$1,300.00 plus 10% thereof as attorney’s fees.
Antecedent Facts
On October 14, 2005, petitioners hired Gazzingan as a messman for a period of nine
months on board the vessel M/V Gloria with a basic monthly salary of US$325.00.[6]
Prior to his engagement, Gazzingan underwent a pre-employment medical examination
(PEME) which yielded normal results except for a finding of left ventricular hypertrophy
in his electrocardiogram test (ECG). Gazzingan was thus pronounced fit for sea duty[7]
and on November 4, 2005, he boarded the vessel M/V Gloria.
In May 2006, while M/V Gloria was docked at the port of Cartagena, Colombia,
Gazzingan experienced chest pains. On July 16, 2006, he was confined at the
Cartagena de Indias Hospital due to chest pain, shortness of breath and back pain. The
hospital’s cardiovascular and thoracic surgeon, Dr. Hernan Fernandez Cuartas,
diagnosed him to have Acute Type-B Dissection.[8] On August 3, 2006, Gazzingan was
medically repatriated.
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