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730 Phil. 162
SECOND DIVISION
[ G.R. No. 193628, March 19, 2014 ]
SPLASH PHILIPPINES, INC., LORENZO ESTRADA, TAIYO SANGYO
TRADING AND MARINE SERVICE, LTD. (TST PANAMA S.A.) AND
M/V HARUTAMOU, PETITIONERS, VS. RONULFO G. RUIZO,
RESPONDENT.
DECISION
BRION, J.:
For resolution is the petition for review on certiorari[1] assailing the decision[2] dated
August 25, 2009 and the resolution[3] dated September 13, 2010 of the Court of
Appeals (CA) in CA-G.R. SP No. 107013.
The Antecedents
The case commenced on May 26, 2006 when respondent Ronulfo Ruizo filed a
complaint[4] for disability compensation, damages and attorney’s fees against the
petitioners, local manning agent Splash Philippines, Inc. (agency), its President,
Lorenzo Estrada, and its principal, Taiyo Sangyo Trading and Marine Service, Ltd. (TST
Panama S.A. [Taiyo]).
On February 4, 2005, Ruizo entered into a nine-month contract of employment[5] (as
chief cook) with the agency for Taiyo’s vessel, the M/V Harutamou. On or about
December 13, 2005, while on duty onboard the vessel, Ruizo experienced pain in his
lumbar region and groin. He was referred to the Karratha Medical Centre in Dampier,
Australia where he was diagnosed with “Blocked Right Kidney by Stone Repeat U/S
Showed No Improvement.”[6]
On December 21, 2005, Ruizo was repatriated to the Philippines due to the completion
of his contract. The agency referred him to the company-designated physician, Dr.
Nicomedes Cruz, who diagnosed him to be suffering from ureterolithiasis with
hydronephrosis, a kidney ailment. Dr. Cruz prescribed medication for him and
recommended that he undergo a KUV/IVP, CT stonogram without contrast at the
National Kidney Institute which he did, at the expense of the petitioners.
In the meantime, and while he was still undergoing treatment under the supervision of
Dr. Cruz, Ruizo filed the present complaint based allegedly on a collective bargaining
agreement (CBA) which his union, the Associated Marine Officers and Seamen’s Union
of the Philippines (AMOSUP), had with the petitioners. He prayed for maximum
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