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691 Phil. 521
SECOND DIVISION
[ G.R. No. 193679, July 18, 2012 ]
C.F. SHARP CREW MANAGEMENT, INC., NORWEGIAN CRUISE LINES
AND NORWEGIAN SUN, AND/OR ARTURO ROCHA, PETITIONERS,
VS. JOEL D. TAOK, RESPONDENT.
DECISION
REYES, J.:
This is a petition for review on certiorari assailing the Decision[1] dated May 25, 2010
and Resolution[2] dated September 8, 2010 of the Court of Appeals (CA) in CA-G.R. SP
No. 103728 for being contrary to law and jurisprudence.
The Facts
Petitioner C.F. Sharp Crew Management, Inc. (C.F. Sharp) is a domestic corporation
engaged in the recruitment and placement of Filipino seafarers abroad. Petitioner
Norwegian Cruise Line, Ltd. (Norwegian Cruise), C.F. Sharp’s principal, is a foreign
shipping company, which owned and operated the vessel M/V Norwegian Sun. C.F.
Sharp, on Norwegian Cruise’s behalf, entered into a ten (10)-month employment
contract with respondent Joel D. Taok (Taok) where the latter was engaged as cook on
board M/V Norwegian Sun with a monthly salary of US$396.00. Deemed written in their
contract is the Philippine Overseas Employment Administration-Standard Employment
Contract (POEA-SEC), which was issued pursuant to Department Order No. 4 of the
Department of Labor and Employment and POEA Memorandum Circular No. 9, both
series of 2000. Taok boarded the vessel on January 8, 2006.[3]
On July 25, 2006, Taok complained of pain in his left parasternal area, dizziness,
difficulty in breathing and shortness of breath prompting the ship physician to bring
him to Prince Rupert Regional Hospital in Canada for consultation. Taok was confined
until July 29, 2006 and his attending physician, Dr. Johann Brocker (Dr. Brocker),
diagnosed him with atrial fibrillation and was asked to take an anti-coagulant and antiarrhythmic drug for four (4) weeks. He was advised not to report for work until such
time he has undergone DC cardioversion, echocardiography and exercise stress test.
Dr. Brocker projected that Taok may resume his ordinary duties within six (6) to eight
(8) weeks.[4] On August 5, 2006, Taok was repatriated to the Philippines for further
treatment.
On August 7, 2006, upon his arrival, Taok went to Sachly International Health Partners,
Inc. (Sachly), a company-designated clinic, and the physician who attended to his case,
Dr. Susannah Ong-Salvador, recommended the conduct of several tests while
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