6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
758 Phil. 166
SECOND DIVISION
[ G.R. No. 203804, April 15, 2015 ]
DARIO A. CARCEDO (SUBSTITUTED BY HIS WIFE PRISCILLA DELA
CRUZ-CARCEDO), PETITIONER, VS. MAINE MARINE PHILIPPINES,
INC. AND/OR MISUGA KAJUN CO., LTD., AND/OR MA. CORAZON
GEUSE-SONGCUYA, RESPONDENTS.
DECISION
CARPIO, J.:
The Case
Before the Court is a petition for review[1] assailing the Decision[2] dated 29 June 2012
and Resolution[3] dated 5 October 2012 of the Court of Appeals in CA-G.R. SP No.
120706, nullifying the Decision[4] dated 8 March 2011 of the National Labor Relations
Commission (NLRC) in NLRC LAC Case No. 01-000007-11 (OFW), and reinstating the
Decision[5] dated 30 November 2010 of the Labor Arbiter in NLRC NCR-OFW [M]-0009-13527-09.
The Facts
On 6 August 2008, Dario A. Carcedo (Carcedo) was hired by respondent Maine Marine
Philippines, Inc. for its foreign principal Misuga Kajun Co., Ltd. (collectively,
respondents). He was engaged as Chief Officer on board M/V Speedwell under contract
for nine months,[6] with a basic monthly salary of US$1,350.00.
Carcedo underwent the Pre-Employment Medical Examination on 8 August 2008, where
he was declared fit for work. He boarded the vessel on 10 August 2008.
In November 2008, Carcedo’s foot was wounded because of his safety shoes. Upon
examination, the ship doctor gave him antibiotics and allowed him to resume work.[7]
His foot’s condition worsened when he slid down the deck and bumped his right foot. In
January 2009, he felt pain in the back of his swollen leg and developed fever and
headache.
On 19 January 2009, he was treated at the Yoshino Hospital in Japan. The doctor
diagnosed Carcedo with an open fracture of the right major toe bone with a suspicion of
sepsis.[8]
Carcedo was repatriated on 20 January 2009. He was immediately referred to the
company-designated physician, Dr. Nicomedez Cruz of the Manila Doctors Hospital, for
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59949
1/19