4/14/2021
E-Library - Information At Your Fingertips: Printer Friendly
FIRST DIVISION
[ G.R. No. 247409, February 03, 2020 ]
MICHAEL ANGELO T. LEMONCITO, PETITIONER, VS. BSM CREW
SERVICE CENTRE PHILIPPINES, INC./BERNARD SCHULTE
SHIPMANAGEMENT (ISLE OF MAN LTD.), RESPONDENTS.
DECISION
LAZARO-JAVIER, J.:
The Case
This Petition for Review on Certiorari[1] assails the following issuances of the Court of
Appeals in CA-G.R. SP No. 153662 entitled "BSM Crew Service Centre Philippines, Inc.,
et al. v. Michael Angelo T. Lemoncito:"
1) Decision[2] dated November 9, 2018, which dismissed petitioner
Michael Angelo Lemoncito's complaint for permanent total
disability benefits, sickness allowance benefit, exemplary
damages, moral damages, and attorney's fees; and
2) Resolution[3] dated April 26, 2019, denying petitioner's motion
for reconsideration.
Antecedents
On July 16, 2015, respondent BSM Crew Service Centre Philippines, Inc. (BSM), on
behalf of its principal respondent Bernard Schulte Shipmanagement (BSS), hired
petitioner Michael Angelo Lemoncito as a motor man for a duration of nine (9) months.
Petitioner was covered by the collective bargaining agreement (CBA) between
International Maritime Employees' Council and Associated Marine Officers' and
Seamen's Union of the Philippines. After being declared fit to work, petitioner boarded
MV British Ruby on July 22, 2015.[4]
While on board, petitioner complained of fever and cough productive of whitish phlegm
and throat discomfort. His blood pressure reached 173/111, for which he was given
medication. On February 22, 2016, he was medically repatriated. On February 26,
2016, he was referred to the Marine Medical Services under the care of companydesignated doctors Percival Pangilinan and Dennis Jose Sulit. After a series of tests, he
was diagnosed with lower respiratory tract infection and hypertension. He was given an
interim disability assessment of Grade 12 - "slight, residual or disorder." The companydesignated doctors opined that petitioner's hypertension was not work-related. His
hypertension had multifactorial causes: genetics, predisposition, poor lifestyle, high salt
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65966
1/8