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743 Phil. 286
THIRD DIVISION
[ G.R. No. 189863, September 17, 2014 ]
PEDRO LIBANG, JR., PETITIONER, VS. INDOCHINA SHIP
MANAGEMENT INC., MR. MIGUEL SANTOS AND MAJESTIC
CARRIERS, INC., RESPONDENTS.
DECISION
REYES, J.:
Before the Court is a petition for review on certiorari[1] filed by petitioner Pedro Libang,
Jr. (Libang) to assail the Decision[2] dated October 22, 2008 and Resolution[3] dated
September 25, 2009 issued by the Court of Appeals (CA) in CA-G.R. SP No. 102311,
which dismissed his complaint for disability benefit against herein respondents
Indochina Ship Management, Inc. (ISMI), its former President Miguel Santos (Santos),
and Majestic Carriers, Inc. (Majestic).
The Antecedents
On June 27, 2002, Libang entered into a nine-month employment contract[4] with
ISMI, a domestic manning agency that acted for and in behalf of its foreign shipping
company, Majestic. Libang was engaged as a Cook 1 for the vessel M/V Baltimar Orion,
[5] with an agreed basic monthly salary of US$670.00. On August 4, 2002, he left the
Philippines and boarded the vessel.[6] He had finished three employment contracts with
ISMI prior to this deployment.[7]
On March 5, 2003, while Libang was on board M/V Baltimar Orion, he experienced
numbness on the left side of his face, difficulty in hearing from his left ear, blurred
vision of his left eye and speech problem.[8] He reported this to the vessel’s chief mate,
who relayed the complaint to the ship captain. Thus, on March 31, 2003, Libang
obtained medical attention in Trinidad and Tobago. He was later admitted for three days
in a hospital in Dominican Republic, where he was found to be suffering from high blood
pressure at 180/110 mmHg. He also had high blood sugar, with normal hepatic and
cardiac enzymes. Libang was unable to again join M/V Baltimar Orion even after he was
discharged from the hospital.[9]
Given his health condition, Libang was eventually repatriated. He arrived in the
Philippines on April 8, 2003. Two days later, he reported to ISMI and was endorsed for
medical attention to the company-designated physician, Dr. Robert Lim (Dr. Lim) of the
Marine Medical Services in Metropolitan Hospital. He was treated beginning April 10,
2003 and was under the care of a cardiologist, neurologist and an
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