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FIRST DIVISION
[ G.R. No. 220635, August 14, 2019 ]
PHILIPPINE TRANSMARINE CARRIERS, INC., AND/OR FURTRANS
DENIZCILIK TICARET VE SANAYI AS, PETITIONERS, VS. RAYMOND
F. BERNARDO, RESPONDENT.
DECISION
CARANDANG, J.:
Before this Court is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of
Court, assailing the Decision[2] dated May 26, 2015 and Resolution[3] dated September
16, 2015 of the Court of Appeals (CA) in CA-G.R. SP No. 133415 filed by Philippine
Transmarine Carriers, Inc. and Furtrans Denizcilik Ticaret Ve Sanayi As (collectively,
petitioners).
Facts of the Case
On January 4, 2012, Raymond F. Bernardo (respondent), then 37 years old, was hired
as a messboy by petitioners covered by an Employment Contract duly approved by the
Philippine Overseas Employment Administration (POEA) for a period of nine months.[4]
Respondent was a seaman since 2010 and it was his first contract with petitioners.[5]
On February 25, 2012, respondent commenced serving his contract and while working
onboard the vessel, he experienced ankle joint pain.[6] Since his condition did not
improve after self-medication, respondent was brought to a portside medical facility in
Morocco and was diagnosed with "Artitis eotosa".[7]
On May 22, 2012, respondent was medically repatriated and was referred to the
company-designated physician in Metropolitan Medical Center. His initial diagnosis was
for gouty arthritis. On June 29, 2012, Dr. Mylene Cruz-Balbon (Dr. Cruz-Balbon), a
company-designated physician, issued a document explaining the diagnosis as a
metabolic disorder secondary to defect in purine metabolism and/or high purine diet
that is not work-related.[8] Later, Dr. Cruz-Balbon certified that the respondent's illness
is "Post Infectious Arthritis: Gouty Arthritis."[9]
From May 25, 2012 to December 17, 2012, respondent was under the medical care and
supervision of and rehabilitation therapy by the company-designated physician.[10]
Respondent claimed that petitioners stopped the treatment despite the fact that his
gouty arthritis has not been fully treated.[11]
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