4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55246 1/11

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