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405 Phil. 487
SECOND DIVISION
[ G.R. No. 123891, February 28, 2001 ]
PHILIPPINE TRANSMARINE CARRIERS, INC., PETITIONER, VS.
NATIONAL LABOR RELATIONS COMMISSION, PHILIPPINE
OVERSEAS EMPLOYMENT ADMINISTRATION, AND CARLOS NIETES,
RESPONDENTS.
DECISION
QUISUMBING, J.:
This petition seeks to annul and set aside the decision dated September 25, 1995 of
the National Labor Relations Commission (NLRC) in NLRC-NCR Case No. 009101-95.
Said decision affirmed with modification the judgment dated March 16, 1995 of the
Philippine Overseas Employment Administration (POEA), ordering the herein petitioner
and Pioneer Insurance and Surety Corporation to pay private respondent jointly and
severally the sum of US$21,000 or its peso equivalent at the time of actual payment
and P34,114.00 as reimbursement for medical expenses plus 10% of the total award as
attorney's fees in favor of the private respondent. In its Resolution dated December 29,
1995, the NLRC also denied petitioner's motion for reconsideration.
The facts in this case are as follows:
On January 23, 1993, private respondent, Carlos Nietes filed a complaint against
Philippine Transmarine Carriers Inc. (PTC) for payment of disability benefit, sickness
wages, refund of medical expenses and attorney's fees. Pioneer Insurance and Surety
Corp. was impleaded as surety of respondent PTC.
Private respondent alleged that he was a licensed Captain and/or Master Mariner. For
the period March 1985 to May 17, 1990, he was employed by PTC. He last boarded M/V
MA. ROSARIO where he served as Master from April 11, 1990 to May 17, 1990. At that
time he was a member of good standing of the Associated Marine Officers and
Seamen's Union of the Philippines (AMOSUP), an affiliate of the International Transport
Federation (ITF) of London. He paid his union dues, insurance premiums, etc., which
were checked-off from his salaries.
As Master on board, he received US$1,500.00 per month. From May 10, 1990 up to
May 17, 1990, the date he was repatriated, he was hospitalized at the Moji Hospital in
Moji, Japan, at the instance of the vessel's owners. Upon his arrival in the Philippines,
he was instructed by PTC and AMOSUP to report to the Seamen's Hospital, a hospital
owned and operated by AMOSUP. On May 19, 1990, Dr. George Matti of the Seamen's
Hospital issued a medical certification that he was unfit for work and was instructed to
continue treatment/medication.
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