5/19/2021
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FIRST DIVISION
[ G.R. No. 238578, June 08, 2020 ]
VENTIS MARITIME CORPORATION, K-LINE SHIPMANAGEMENT CO.,
LTD., JOSE RAMON GARCIA, AND CAPT. WILFRED D. GARCIA,
PETITIONERS, VS. EDGARDO L. SALENGA, RESPONDENT.
DECISION
CAGUIOA, J:
Before the Court is a Petition for Review on Certiorari[1] (Petition) under Rule 45 of the
Rules of Court assailing the Decision[2] dated October 24, 2017 and Resolution[3] dated
March 27, 2018 of the Court of Appeals (CA) in CA-G.R. SP No. 150484. The CA
affirmed the findings of both the National Labor Relations Commission (NLRC) and the
Labor Arbiter (LA) that respondent Edgardo L. Salenga (Salenga) was entitled to
permanent and total disability benefits.
Facts
On January 7, 2015, Salenga was engaged by petitioner Ventis Maritime Corporation
(Ventis), for its principal K-Line Shipmanagement Co., Ltd., as Chief Cook for nine
months on board the vessel MT Viking River with a basic salary of US$661.00. His
employment was covered by a Collective Bargaining Agreement with IBF JSU/AMOSUP
IMMAJ.[4]
On October 31, 2015, Salenga's contract expired and he disembarked in South Korea.
He arrived in the Philippines on November 1, 2015.[5]
Salenga alleged that on November 3, 2015, he went to Ventis to get his unpaid wages
and asked to be referred to a company physician for medical consultation. He was
advised to wait for Ventis's call for his medical examination. He, however, executed a
Debriefing Sheet stating, among others, that he had no complaints regarding the vessel
and offered no suggestions to improve the working conditions therein.[6] Likewise,
Salenga executed a Clearance Form, certifying that he had worked inside the ship
under normal conditions and that he was declared physically fit thereafter.[7]
On November 22, 2015, Salenga was referred to PMP Diagnostic Center in preparation
for his line-up on board his next embarkation[8] and it was there that he was diagnosed
by the company physicians with Type II Diabetes Mellitus and Hypertension. As such,
his documents for line-up were withdrawn and he executed a Release and Quitclaim on
December 9, 2015, releasing petitioners from all claims.[9]
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