only after a judgment, final order, or other proceeding was taken against
petitioner in any court through fraud, accident, mistake, or excusable
negligence.[1]
Before Us is a petition for relief from judgment[2] filed by Julio B.
Purcon, seeking to set aside Our July 16, 2007 Resolution,[3] which denied his
petition for review, as well as the October 9, 2007 Entry of Judgment.[4] He
pleads for the Courts leniency on account of the negligence and inefficiency of
his counsel, which resulted in the late filing of the petition and in filing
defective pleadings within this Court.
The Antecedents
The case stemmed from a complaint filed by petitioner for reimbursement
of medical expenses, sickness allowance and permanent disability benefits with
prayer for compensatory, moral and exemplary damages and attorneys fees
before the Arbitration Branch of the National Labor Relations Commission
(NLRC).
In his verified position paper, petitioner alleged that on January 28, 2002,
respondent MRM Philippines, Inc. hired him as a seaman on board the vessel
M/T SARABELLE 2. He signed a contract for three (3) months with a monthly
salary of $584.00.According to petitioner, his work involved a day-to-day
activity that required exertion of strenuous effort, and that he often worked
overtime due to the pressure of his work. His contract was extended for another
three (3) months. On the second week of June 2002, he felt an excruciating pain
in his left testicle. After being examined by a doctor at the port of France, he
was diagnosed with hernia.On June 26, 2002, he was repatriated due to his
ailment.
Upon petitioners return to the Philippines, he was examined by Dr.
Alegre, the company physician, who prescribed certain medication. On July 24,
2002, Dr. Alegre declared that he was fit to resume work. When he reported
to MRM Philippines, Inc. hoping to be re-hired for another contract, he was told
that there was no vacancy for him.