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SECOND DIVISION
[ G.R. No. 222348, November 20, 2019 ]
JHEROME G. ABUNDO, PETITIONER VS. MAGSAYSAY MARITIME
CORPORATION, GRAND CELEBRATION LDA AND/OR MARLON
ROÑO,* RESPONDENTS.
DECISION
INTING, J.:
Before this Court is a petition for review[1] under Rule 45 of the Rules of Court assailing
the Decision[2] dated June 10, 2015 and Resolution[3] dated January 14, 2016 of the
Court of Appeals (CA) in CA-G.R. SP No. 136759, which reversed and set aside the
Decision[4] dated April 23, 2014 of the National Labor Relations Commission (NLRC) in
NLRC LAC No. (OFW M) 01-000051-14 and NLRC NCR Case No. (M) 06-08397-13.
Antecedents
As culled from the records, the pertinent facts are as follows:
Jherome G. Abundo (petitioner) was formerly employed as Able Seaman on board the
vessel "Grand Celebration-D/E" (Grand Celebration). On the other hand, Magsaysay
Maritime Corporation is a licensed manning agent of its principal, Grand Celebration
LDA (collectively, respondents).[5]
On April 25, 2012, the petitioner was engaged by the respondents as Able Seaman for
eight months. On May 8, 2012, he departed from the Philippines and embarked the
vessel Grand Celebration.[6]
On December 15, 2012, while the petitioner was securing a lifeboat, a metal block
snapped and hit his right forearm. First aid was immediately administered on the
petitioner at the ship's infirmary. Then, the petitioner was sent to a hospital in Brazil. In
the hospital, a posterior splint was applied on the affected area to immobilize it and
prevent further injury.[7]
After consultation with the doctor assigned in the vessel, the petitioner was
recommended for repatriation. When he was fit to travel, the petitioner was medically
repatriated on January 7, 2013. Upon arrival, the petitioner was referred to a companydesignated physician, who immediately ordered an X-ray. The X-ray revealed an
overriding fracture, fragment at the distal 3rd shaft of the right radius.[8]
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