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770 PHIL. 279
SECOND DIVISION
[ G.R. No. 201359, September 23, 2015 ]
MAGSAYSAY MARITIME CORPORATION, PRINCESS CRUISE LINES,
LTD. AND/OR MR. EDUARDO U. MANESE, PETITIONERS, VS.
VIRGILIO L. MAZAREDO, RESPONDENT.
DECISION
DEL CASTILLO, J.:
Assailed in this Petition for Review on Certiorari[1] are: 1) the October 28, 2011
Decision[2] of the Court of Appeals (CA) in CA-G.R. SP No. 117748, which affirmed with
modification the September 14, 2010 Decision[3] and October 29, 2010 Resolution[4] of
the National Labor Relations Commission (NLRC) in NLRC LAC No. (OFW-M) 06000439-10; and 2) the CA's March 28, 2012 Resolution[5] denying reconsideration of
its assailed Decision.
Factual Antecedents
Respondent Virgilio L. Mazaredo has been working for petitioner manning agency
Magsaysay Maritime Corporation (Magsaysay) since 1996. For his last employment
contract, he was hired for Magsaysay's foreign principal and co-petitioner herein,
Princess Cruise Lines, Limited (Princess Cruise). He was assigned as Upholsterer
onboard
the
vessel
MY
"Tahitian
Princess."
His
10-month
POEA[6]
Standard
Employment Contract[7] dated June 25,2008 stated among others that he was to
receive a monthly salary of US$455.00.
Respondent was deployed on July 5, 2008.[8]
On February 4, 2009, while aboard M/V "Tahitian Princess," respondent experienced
back pain. Upon examination by the ship's doctor Lana Strydom on March 12, 2009,
the following diagnosis was issued: "a) uncontrolled hypertension on medication; b)
probable previous silent inferior myocardial infarct; c) left ventricular hypertrophy; d)
tachycardia (95-107); xxx f) needs CXR, Echo, Stress Test and Angiogram; g) needs
cardiologist specialist consultation; h) needs another seafarer's fitness to work at sea
medical before next contract x x x."[9]
On March 22,2009, respondent was medically repatriated and immediately referred to
the company-designated physician. Respondent underwent a series of examinations[10]
such as electrocardiogram (ECG), 2D Echo, and coronary arteriography.[11] On May 30,
2009, he was found to be suffering from "coronary artery disease, three-vessel
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