8/26/2020
E-Library - Information At Your Fingertips: Printer Friendly
SECOND DIVISION
[ G.R. No. 224753, June 19, 2019 ]
JOSE ASPIRAS MALICDEM, PETITIONER, V. ASIA BULK TRANSPORT
PHILS., INC., INTER-OCEAN COMPANY LIMITED (FORMERLY OCEAN
SHIPPING COMPANY) AND ERNESTO T. TUVIDA, RESPONDENTS.
DECISION
CAGUIOA, J:
This Petition for Review on Certiorari[1] (Petition) assails the Decision[2] dated
December 17, 2015 and Resolution[3] dated May 13, 2016, both of the Court of Appeals
(CA) in CA-G.R. SP No. 140137, which affirmed the Decision[4] dated December 29,
2014 and Resolution[5] dated February 24, 2015, both of the National Labor Relations
Commission (NLRC). The latter issuances of the NLRC, in turn, affirmed the Decision[6]
dated September 25, 2014 of the Labor Arbiter (LA), dismissing the complaint filed by
petitioner Jose Aspiras Malicdem (Malicdem) against respondents.
The Facts
The following facts are settled:
On June 1, 2011, Malicdem was hired by respondent local manning agent Asia Bulk
Transport Phils, Inc. (ABTPI), in behalf of its foreign principal, SKM Korea Co., Ltd.,[7] to
board the vessel MV Yushio Princess II for a period of three (3) months. Prior to
embarkation, Malicdem underwent a Pre-Employment Medical Examination (PEME)
where it was noted that he had a medical history of high blood pressure and
hypertension.[8] Nevertheless, he was declared "fit to work."[9]
On the second week of his duty on board MV Yushio Princess II, Malicdem suffered from
blurring vision and headache. He reported his condition to the Ship Captain and was
eventually seen by a doctor in Japan. Upon the doctor's recommendation, Malicdem
was repatriated to Manila on October 16, 2011. The following day, he was referred to a
company-designated hospital, Sachly International Health Partners, particularly to a
company-designated physician, Dr. Susannah Ong-Salvador (Dr. Salvador) who
eventually issued a medical report[10] dated October 17, 2011 that Malicdem was
suffering from glaucoma.[11] On October 22, 2011, another medical report[12] was
issued by Dr. Salvador stating that Malicdem was under medical treatment and
recommending surgical procedure. However, the report clarified that Malicdem's
glaucoma was not work-related.[13]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65276
1/17