Before the Court is a petition for review[1] assailing the 13 July 2001
Decision[2] and 21 February 2002 Resolution[3] of the Court of Appeals in CA-G.R.
SP No.60356.
The Antecedent Facts
The foreign principal East West Marine PTE, Ltd. hired Mars
C. Palisoc (petitioner) as 4th Engineer through its agent Easways Marine, Inc.,
represented by its President Capt. Mario R. Braza (respondents). On 11 August
1996,
respondents
deployed
petitioner
on
board
M/V
Dragon
(Mekong) Sentosa (the vessel) for a period of 12 months. Petitioners contract,
approved by the Philippine Overseas Employment Agency (POEA), stipulated a
basic monthly salary of US$600 with overtime pay of US$370 a month and
vacation leave pay of US$60.
On 6 March 1997, while the vessel was in a port in Saigon, Vietnam, petitioner
became ill. Petitioner was brought to Cho Raz Hospital in Ho Chi Minh City and
was diagnosed to be suffering from left renal colic or gallstone
impairment. Petitioner was later treated at Seacare Maritime Medical Centre
in Singapore. The Medical Report dated 17 March 1997 showed that petitioner
was:
a) fit to return to ship
b) to continue medication/treatment as prescribed
c) to rest on ship for seven days
x x x[4]
On 23 March 1997, respondents signed off and repatriated petitioner to Manila for
medical treatment. Respondents referred petitioner to Christian Medical Clinic,
Inc., the company-designated clinic under its Medical Director, Dr. Lyn dela Cruzde Leon (Dr. dela Cruz-de Leon). Dr. Akihito Quiambao (Dr. Quiambao), the
company-designated physician, attended to petitioner. On 16 May 1997,