7/7/2021
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FIRST DIVISION
[ G.R. No. 245858, December 02, 2020 ]
JOHN A. OSCARES, PETITIONER, VS. MAGSAYSAY MARITIME
CORP., SK SHIPPING (SINGAPORE) PTE. LTD., AND/OR ARNOLD B.
JAVIER, RESPONDENTS.
DECISION
CARANDANG, J.:
Before this Court is a Petition for Review on Certiorari[1] assailing the Decision[2] dated
August 29, 2018 and Resolution[3] dated February 27, 2019 of the Court of Appeals
(CA) in CA-G.R. SP No. 151822. The CA reversed and set aside the Decision[4] dated
March 30, 2017 and Resolution[5] dated July 14, 2017 of the Office of the Panel of
Voluntary Arbitrators (Panel) awarding US$131,797.00 as total and permanent
disability fees or its equivalent in Philippine Peso at the time of payment, 10% thereof
as attorney's fees or its equivalent, and P100,000.00 as moral damages, to petitioner
John A. Oscares (Oscares).
Facts of the Case
On August 14, 2015, the Philippine Overseas Employment Administration (POEA)
approved the contract of employment between Oscares and respondent SK Shipping
(Singapore) Pte. Ltd., through its manning agent respondent Magsaysay Maritime
Corporation (respondents). He was certified as fit to work by respondents' examining
physician on August 29, 2015. As Second Assistant Engineer on board the vessel MV K.
Garnet, he was responsible for the maintenance, operation of engineering, electrical
and electronic systems of the vessel.[6]
On November 4, 2015, while the vessel was anchored in Panama, Oscares was singing
in front of a videoke machine together with another crew member when he slipped and
fell out of balance. As a result, he suffered major knee injuries. First aid was
administered to him. On November 11, 2015, he was sent to a medical facility in San
Luis Hospital, Mexico. He was diagnosed with fracture fragmentary of the tibia bone
epiphysis in the right leg and fracture crack of the tibia bone epyphysis in the left leg. It
was recommended that he undergo major knee surgery or osteosintesis-fixation and
sterilization. Oscares was declared unfit to work for 10 weeks.[7]
On December 10, 2015, Oscares was repatriated to Manila. Upon arrival, he reported to
respondents who referred him to NGC Medical Specialist Clinic, Inc. (NGC) for postemployment medical examination and management.[8] Oscares underwent x-ray of
both knees on December 14, 2015. The result revealed that he had complete oblique
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