5/3/2021 E-Library - Information At Your Fingertips: Printer Friendly 414 Phil. 603 SECOND DIVISION [ G.R. Nos. 141702-03, August 02, 2001 ] CATHAY PACIFIC AIRWAYS, LTD., PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION AND MARTHA Z. SINGSON, RESPONDENTS. DECISION BELLOSILLO, J.: This petition for review on certiorari seeks to set aside the 20 September 1999 Decision[1] of the Court of Appeals declaring respondent Martha Z. Singson illegally dismissed by petitioner Cathay Pacific Airways, Ltd., and thus should be reinstated with full back wages and awarded moral as well as exemplary damages. This petition traces its origin to two (2) petitions for certiorari under Rule 65 initially filed with the Supreme Court: Martha Z. Singson v. National Labor Relations Commission (NLRC) and Cathay Pacific Airways Ltd., SP Case No. 52104, and Cathay Pacific Airways, Ltd. v. National Labor Relations Commission and Martha Z. Singson, SP Case No. 52105, which were consolidated[2] and referred[3] to the Court of Appeals in consonance with the St. Martin Funeral Homes doctrine. Cathay Pacific Airways, Ltd. (CATHAY), is an international airline company engaged in providing international flight services while Martha Z. Singson was a cabin attendant of CATHAY hired in the Philippines on 24 September 1990 with home base in Hongkong. On 26 August 1991 Singson was scheduled on a five (5)-day flight to London but was unable to take the flights as she was feeling fatigued and exhausted from her transfer to a new apartment with her husband. On 29 August 1991 she visited the company doctor, Dr. Emer Fahy, who examined and diagnosed her to be suffering from a moderately severe asthma attack. She was advised to take a Ventolin nebulizer and increase the medication she was currently taking, an oral Prednisone (steroid). Dr Fahy thereafter conveyed to Dr. John G. Fowler, Principal Medical Officer, her findings regarding Singson's medical condition as a result of which she was evaluated as unfit for flying due to her medical condition. On 3 September 1991 Singson again visited Dr. Fahy during which time the latter declared her condition to have vastly improved. However, later that day, Cabin Crew Manager Robert J. Nipperess informed Singson that CATHAY had decided to retire her on medical grounds effective immediately based on the recommendation of Dr. Fowler and Dr. Fahy. Martha Z. Singson was surprised with the suddenness of the notification but https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52565 1/6

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