4/6/2021
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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
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