5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
733 Phil. 183
FIRST DIVISION
[ G.R. No. 188190, April 21, 2014 ]
BARKO INTERNATIONAL, INC./CAPT. TEODORO B. QUIJANO
AND/OR FUYO KAIUN CO. LTD., PETITIONERS, VS. EBERLY S.
ALCAYNO, RESPONDENT.
RESOLUTION
REYES, J.:
This is a petition for review on certiorari[1] under Rule 45 of the Rules of Court which
seeks to reverse and set aside the Decision[2] dated December 5, 2008 and the
Resolution[3] dated June 3, 2009 of the Court of Appeals (CA) in CA-G.R. SP. No.
102402 denying the motion for reconsideration thereof. The assailed CA decision
reversed the Resolution[4] dated November 29, 2007 of the National Labor Relations
Commission (NLRC) and reinstated the Decision[5] dated April 10, 2007 of the Labor
Arbiter (LA) upholding the award of permanent and total disability benefits in favor of
Eberly S. Alcayno (respondent).
Facts of the Case
On November 18, 2005, the respondent was employed by Fuyo Kaiun Co. Ltd. through
its local manning agent, Barko International, Inc. (petitioners), as Able-bodied Seaman.
The employment contract[6] provided for a contract period of nine months with a basic
monthly salary of US$539.00, a fixed overtime pay in the amount of US$401.00 plus
vacation leave with pay. His prime duty, among others, was to paint and chip rust on
deck or superstructure of ship and to give directions to the crew engaged in cleaning
wheelhouse and quarterdeck[7] on board the vessel, M/V Cape Iris.
Having passed the required Pre-Employment Medical Examination (PEME) and found fit
for sea service,[8] the respondent boarded the ocean vessel M/V Cape Iris on December
1, 2005.
After one month on board the vessel, the respondent complained of stiff neck, and his
right jaw started to swell. His physical condition worsened despite medications given
him on board until he signed off on February 2, 2006 at the port of the Suez Canal,
Egypt where he was examined by a certain Dr. Michael H. Mohsen (Dr. Mohsen) of the
Dr. Nazmy Hospital. Dr. Mohsen’s diagnosis stated that the respondent had a “firm
mass in the left side of neck with severe diffuse infection and pus collection in the neck,
gangrene and necrosis in skin and tissues of neck, Uncontrolled D.M., Toxaemia and
this condition may be due to chronic disease or malignancy.”[9] The Medical Report[10]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56832
1/10