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THIRD DIVISION
[ G.R. No. 239052, October 16, 2019 ]
APOLINARIO Z. ZONIO, JR., PETITIONER, V. 88 ACES MARITIME
SERVICES, INC., KHALIFA A. ALGOSAIBI DIVING AND MARINE
SERVICES CO., AND JANET A. JOCSON, RESPONDENTS.
DECISION
INTING, J.:
Before this Court is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of
Court seeking to nullify and set aside the Decision[2] dated July 31, 2017 and
Resolution[3] dated April 26, 2018 of the Court of Appeals (CA) in CA-G.R. SP No.
145357. The CA dismissed for lack of merit the petition for certiorari filed by Apolinario
Z. Zonio, Jr. (Apolinario), praying for the following reliefs: (1) the issuance of a Writ of
Certiorari to annul the Decision[4] dated January 28, 2016 and Resolution[5] dated
February 29, 2016 of the National Labor Relations Commission (NLRC); and (2)
payment of (a) disability benefits in the amount of US$60,000.00, (b) sickness
allowance of US$2,024.60, and (c) 10% of the total judgment award by way of
attorney's fees.
The antecedents are as follows:
88 Aces Maritime Services, Inc. (88 Aces) is a domestic corporation engaged in the
recruitment of Filipino seafarers for and on behalf of its foreign principal Khalifa
Algosaibi Diving & Marine Services Co. (Khalifa Algosaibi). Janet A. Jocson (Jocson) is
the president/owner/manager of 88 Aces.
On February 4, 2010, Apolinario was hired as an "ordinary seaman" by 88 Aces to
board the vessel MV Algosaibi 42. His contract was for a duration of six months with a
basic monthly salary of US$506.15.[6]
After passing the required pre-employment medical examination,[7] Apolinario left
Manila on February 26, 2010 and embarked MV Algosaibi 42 in Ras Tanura, Saudi
Arabia.
As an ordinary seaman, Apolinario's job on board the vessel included the following: 1)
give assistance to the able seaman; 2) assist in the handling and operation of all deck
gear such as topping, cradling and housing of booms; 3) aid the carpenter in the repair
work when requested; and 4) to scale and chip paint, handle lines in the mooring of the
ship, assist in the actual tying up and letting go of the vessel and stand as a lookout in
the vessel.
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