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698 Phil. 170
THIRD DIVISION
[ G.R. No. 194758, October 24, 2012 ]
RUBEN D. ANDRADA, PETITIONER, VS. AGEMAR MANNING
AGENCY, INC., AND/OR SONNET SHIPPING LTD./MALTA,
RESPONDENTS.
DECISION
MENDOZA, J.:
This is a petition for review on certiorari seeking to reverse and set aside the May 28,
2010 Decision[1] of the Court of Appeals (CA) and its December 9, 2010 Resolution[2]
in CA-G.R. SP No. 109853 entitled “Ruben D. Andrada v. National Labor Relations
Commission, Agemar Manning Agency, Inc., and/or Sonnet Shipping Ltd./Malta.”
The Facts
On June 23, 2003, petitioner Ruben D. Andrada (Andrada) was employed by
respondent Agemar Manning Agency, Inc. (Agemar Manning), for and in behalf of its
foreign principal, respondent Sonnet Shipping Ltd./Malta (Sonnet Shipping), as chief
cook steward on board M/T Superlady for a contract period of twelve (12) months
which was, upon his request, extended for another five (5) months. Andrada’s basic
monthly salary was US$650.00 plus US$65.00 tanker allowance on a 48-hour work
week, with a fixed overtime pay of US$195.00 for 105 hours per month and vacation
leave with pay of four days a month. Andrada finished five (5) contracts of employment
with the respondents from December 1994 to April 2003 on board their other vessels.
Prior to his last embarkation, Andrada underwent a pre-employment medical
examination (PEME) and was found fit for sea service. He boarded his vessel on June
24, 2003.
Sometime in April 2004, while the vessel was navigating in high seas, Andrada
experienced severe abdominal pain while carrying heavy food provisions which was part
of his job. Thinking that it would not lead to any serious consequences, he just let it
pass. The abdominal pain, however, recurred during the latter part of his extended
contract. On October 10, 2004, he was referred to the Island Healthy Center in Texas,
U.S.A., where he was diagnosed with umbilical hernia. Andrada was advised to undergo
surgery and to use a girdle whenever he lifted heavy objects. Andrada requested for a
medical sign-off and was repatriated to the Philippines on December 8, 2004 so he
could continue his treatment and medication as per advice of a doctor in Texas, U.S.A.
On the day following his arrival, Andrada immediately reported to the Agemar Manning,
which referred him to YGEIA Medical Clinic for a general check-up. In a letter, dated
December 14, 2004, Dr. Roberto M. De Leon (Dr. De Leon) recommended that Andrada
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