4/6/2021 E-Library - Information At Your Fingertips: Printer Friendly FIRST DIVISION [ G.R. No. 223825, January 20, 2020 ] LUIS G. GEMUDIANO, JR., PETITIONER, VS. NAESS SHIPPING PHILIPPINES, INC. AND/OR ROYAL DRAGON OCEAN TRANSPORT, INC. AND/OR PEDRO MIGUEL F. OCA, RESPONDENTS. DECISION REYES, J. JR., J.: Assailed in this Petition for Review on Certiorari are the Decision[1] dated December 11, 2015 and the Resolution[2] dated March 28, 2016 of the Court of Appeals (CA) in CAG.R. SP. No. 139164 dismissing the complaint for breach of contract filed by Luis G. Gemudiano, Jr. (petitioner) against Naess Shipping Philippines, Inc. (Naess Shipping) and/or Royal Dragon Ocean Transport, Inc. (Royal Dragon) and/or Pedro Miguel F. Oca (collectively referred to as respondents ). The CA annulled and set aside the October 30, 2014 Decision[3] of the National Labor Relations Commission (NLRC) the dis positive portion of which reads: WHEREFORE, the Decision of the Labor Arbiter is AFFIRMED with modification. The Respondents are hereby ORDERED to pay the Complainant actual damages in the amount of the peso equivalent of P180,000.00 representing his salary for six months under the contract; moral damages in the amount of Thirty Thousand Pesos (P30,000.00); exemplary damages of Fifty Thousand Pesos (P50,000.00); attorney's fees equivalent to ten percent (10%) of the recoverable amount; and P18,000.00 for refund of the cost of the PEME. SO ORDERED.[4] The Antecedents Sometime in December 2012, petitioner applied with Naess Shipping for possible employment as seaman upon learning of a job opening in its domestic vessel operations. He had an interview with Naess Shipping and completed the training on International Safety Management (ISM) Code at the Far East Maritime Foundation, Inc. As advised by Naess Shipping's crewing manager Leah G. Fetero (Fetero), petitioner underwent the mandatory pre-employment medical examination (PEME) where he was declared fit for sea service. The expenses for the PEME were shouldered by petitioner. On February 15, 2013, petitioner signed an Embarkation Order duly approved by Fetero https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65999 1/8

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