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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
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