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743 Phil. 164
SECOND DIVISION
[ G.R. No. 181921, September 17, 2014 ]
INTERORIENT MARITIME ENTERPRISES, INC., PETITIONER, VS.
VICTOR M. CREER III, RESPONDENT.
DECISION
DEL CASTILLO, J.:
“The oft repeated rule is that whoever claims entitlement to the benefits provided by
law should establish his or her right thereto by substantial evidence.”[1]
This Petition for Review on Certiorari[2] assails the November 29, 2007 Decision[3] of
the Court of Appeals (CA) in CA-G.R. SP No. 90374 which reversed and set aside the
July 30, 2004 Decision[4] of the National Labor Relations Commission (NLRC). The said
NLRC Decision affirmed the November 28, 2003 Decision[5] of the Labor Arbiter which
dismissed the Complaint[6] filed by respondent Victor M. Creer III (Victor) against
petitioner InterOrient Maritime Enterprises, Inc. (InterOrient) for permanent disability
benefits, medical reimbursement, sickness allowances, moral and exemplary damages,
and attorney’s fees.
Also assailed in this Petition is the February 21, 2008 CA Resolution[7] which denied
InterOrient’s Motion for Reconsideration.[8]
Factual Antecedents
On April 4, 2001, InterOrient hired Victor as Galley Boy on board the vessel M/V MYRTO
owned by Calidero Shipping Company, Ltd. (Calidero) for a period of nine months,
which may be extended for three more months upon mutual consent of the parties.
Victor was required to work 48 hours a week, with a basic monthly salary of US$235.00
and US$94.00 fixed overtime pay per month.
Prior to embarkation, Victor went through the requisite Pre-Employment Medical
Examination (PEME) and was declared fit for sea duty. On May 12, 2001, Victor
commenced his employment on board the vessel where he performed the following
duties and responsibilities as Galley Boy/2nd Cook:
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*
*
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carry food stuff from reefer and dry store provisions to galley;
wash vegetables;
prepare and cook breakfast;
prepare and cook lunch and dinner;
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