5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56718 1/11

Select target paragraph3