4/29/2020
E-Library - Information At Your Fingertips: Printer Friendly
712 Phil. 628
SECOND DIVISION
[ G.R. No. 201251, June 26, 2013 ]
INTER-ORIENT MARITIME, INCORPORATED AND/OR TANKOIL
CARRIERS, LIMITED, PETITIONERS, VS. CRISTINA CANDAVA,
RESPONDENT.
DECISION
PERLAS-BERNABE, J.:
Assailed in this Petition for Review on Certiorari[1] is the October 21, 2011 Decision[2]
dated and March 27, 2012 Resolution[3] of the Court of Appeals (CA) in CA-G.R. SP No.
113342, which reversed and set aside the August 28, 2009 Decision[4] and December
21, 2009 Resolution[5] of the National Labor Relations Commission (NLRC), reinstating
the April 28, 2006 Decision[6] of the Labor Arbiter (LA), granting respondent Cristina
Candava’s (Cristina) claim for death benefits.
The Facts
In January 2002, petitioner Inter-Orient Maritime Incorporated (Inter-Orient) hired
Joselito C. Candava (Joselito) as an able-bodied seaman for its foreign principal, Tankoil
Carriers Limited (Tankoil). Joselito was then deployed to M/T Demetra for a contract
period of nine (9) months.[7] Despite expiration of his contract period on October 28,
2002, Joselito continued to work aboard the vessel due to the unavailability of a
replacement and such work extension lasted until February 2003.
On February 13, 2003, he complained of significant pain in the abdominal region and
was rushed to a hospital. Joselito was diagnosed to be suffering from “direct inguinal
hernia strangulated right” and “acute appendicitis.” As such, he underwent two (2)
medical procedures, namely right inguinal plasty and appendectomy, where the doctors
further discovered that the tumor in Joselito’s right inguinal canal “corresponded to a
tumor formation dependent on the right testicle”[8] which appeared oncogenic. As a
result thereof, Joselito was repatriated to Manila. Upon his arrival, the company
designated physician examined Joselito and declared him fit to work. Nonetheless, his
supplications for work were rejected.
On March 28, 2003, Joselito, accompanied by representatives of petitioner Inter-Orient,
filed a complaint[9] for recovery of sick wages and reimbursement of medical expenses
before the NLRC – National Capital Region (NLRC-NCR). However, on even date,
Joselito sought for its dismissal[10] in consideration of the sum of P29,813.04 and in
relation thereto, executed a Release of All Rights[11] and Pagpapaubaya ng Lahat ng
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55976
1/10