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769 Phil. 792
SECOND DIVISION
[ G.R. No. 201793, September 16, 2015 ]
PHILIPPINE TRANSMARINE CARRIERS, INC/NORWEGIAN CREW
MANAGEMENT, PETITIONERS, VS. JULIA T. ALIGWAY (AS
SUBSTITUTE FOR HER DECEASED HUSBAND, DEMETRIO ALIGWAY,
JR.), RESPONDENT.
DECISION
DEL CASTILLO, J.:
This Petition for Review on Certiorari[1] assails the February 20, 2012 Decision[2] of the
Court of Appeals (CA) in CA-G.R. SP No. 120589. The CA granted the Petition for
Certiorari filed therewith and accordingly, nullified the February 24, 2011 Decision[3]
and May 11, 2011 Resolution[4] of the National Labor Relations Commission (NLRC) in
NLRC LAC No. OFW(M) 12-001028-10 which, in turn, affirmed the August 31, 2010
Decision[5] of Labor Arbiter Geobel A. Bartolabac (LA) in NLRC NCR Case No. OFW(M)
01-01214-10 dismissing the Complaint for lack of merit. Also assailed is the May
11,2012 CA Resolution[6] which denied the Motion for Reconsideration filed by Demetrio
Aligway, Jr. (Demetrio).
Factual Antecedents
On November 25, 2008, the Philippine Transmarine Carriers, Inc. (PTC), for and in
behalf of its foreign principal, the Norwegian Crew Management (NCM), employed
Demetrio as chief cook on board the vessel Amasis. Demetrio's employment contract
was for nine months with a monthly salary of US$758.00.[7]
Demetrio alleged that prior to his deployment, he underwent pre-employment medical
examination (PEME) and was declared fit to work.[8] Thereafter, while aboard the
vessel, he suffered from "vomiting, anorexia, weight loss, and palpitations followed by
dizziness and a feeling of lightheadedness."[9] As a result, on April 22, 2009,[10] he
was medically repatriated.
Demetrio claimed that despite medical examinations by the company-designated
physician, his illness persisted beyond 120 days.[11] This condition allegedly rendered
him incapacitated to work again as a seafarer but the PTC and the NCM refused to pay
him disability benefits.[12]
Consequently, Demetrio filed a Complaint[13] dated January 22, 2010 for disability
benefits, moral and exemplary damages, and attorney's fees against the PTC, the NCM,
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