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715 Phil. 54
THIRD DIVISION
[ G.R. No. 179607, July 24, 2013 ]
CIRILA MANOTA, FOR HERSELF AND IN BEHALF OF HER CHILDREN,
CLAIRE, CATHERINE, CHARLES, PHILIP CHRISTOPHER, CARMI JOY,
CARLO JOHN AND CEDRIC JAMES, PETITIONERS, VS. AVANTGARDE
SHIPPING CORPORATION AND/OR SEMBAWANG JOHNSON
MANAGEMENT PTE., LTD, RESPONDENTS.
DECISION
PERALTA, J.:
Assailed in this Petition for Review on Certiorari is the Decision[1] dated January 30,
2007 of the Court of Appeals (CA) in CA-G.R. SP No. 70415, which affirmed in toto the
Decision[2] dated June 8, 2001 and the Resolution[3] dated January 30, 2002 issued by
the National Labor Relations Commission (NLRC) in NLRC NCR CA No. 026489-00,
which reversed the decision of the Labor Arbiter (LA) granting Enrique Manota's claim
for disability benefits. Also assailed is the CA Resolution[4] dated September 3, 2007
denying reconsideration thereof.
On April 10, 1996, Avantgarde Shipping Corporation, the local manning agent of
Sembawang Johnson Mgt. Pte. Ltd. (respondents), hired Enrique Manota (Enrique) as
an able seaman for a period of 7 months with a monthly salary of US$569.00, fixed
monthly overtime pay of US$296.00, and monthly vacation leave with pay of
US$108.00.[5] Their employment contract incorporated the Standard Terms and
Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going
Vessels as prescribed by the Philippine Overseas Employment Administration (POEA).[6]
On April 23, 1996, Enrique departed from the Philippines to join his vessel “Henriette
Kosan.” He was repatriated on November 30, 1996 and arrived in the Philippines on
December 2, 1996.
On January 6, 1997, Enrique had himself examined at the United Doctors Medical
Center (UDMC), Quezon City, where he underwent an x-ray examination and the
result[7] of which showed that he had pneumonia/ tuberculosis foci. On May 18, 1997,
he also went to the Clinica Anda Laboratory, Davao City, for blood chemistry where it
was shown that he had an elevated blood sugar.[8] Subsequent laboratory examinations
showed a slight decrease in his blood sugar level.[9]
On November 4, 1999, Enrique went to the Seamen's Hospital for an examination
where he was diagnosed as suffering from Diabetes Mellitus II, PTB cavitary class 3,
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