5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 728 PHIL. 244 SECOND DIVISION [ G.R. No. 203161, February 26, 2014 ] MARTIN K. AYUNGO, PETITIONER, VS. BEAMKO SHIPMANAGEMENT CORPORATION, EAGLE MARITIME RAK FZE, AND JUANITO G. SALVATIERRA, JR.,[***] RESPONDENTS. DECISION PERLAS-BERNABE, J.: Assailed in this petition for review on certiorari[1] are the Decision[2] dated May 4, 2012 and Resolution[3] dated August 16, 2012 of the Court of Appeals (CA) in CA-G.R. SP No. 117162 which reversed and set aside the Resolutions[4] dated July 20, 2010 and September 28, 2010 of the National Labor Relations Commission (NLRC) in OFW (M) 09-12328-08 dismissing petitioner Martin K. Ayungo’s (Ayungo) claim for disability benefits. The Facts On October 11, 2007, Ayungo entered into a twelve (12) month Contract of Employment[5] with respondent Beamko Shipmanagement Corporation (Beamko) on behalf of its foreign principal, respondent Eagle Maritime RAK FZE (Eagle Maritime), whereby he was engaged as Chief Engineer for the vessel M/V World Star (vessel). Prior to his embarkation, or on October 10, 2007, Ayungo underwent a preemployment medical examination[6] (PEME) at the Sagrada Corazon Medical and Allied Services Center, Inc. (SCMASCI) in Ermita, Manila. During his PEME, Ayungo disclosed that he had Diabetes Mellitus. However, when asked if he suffered from High Blood Pressure (Hypertension), he answered in the negative. With these representations, Dr. Janilyn M. Ong and Dr. Catalina P. Ricohermoso of SCMASCI declared Ayungo “FIT FOR SEA DUTY.” Thereafter, Ayungo left Manila and boarded the vessel on October 14, 2007. [7] In the morning of March 15, 2008, Ayungo suddenly lost his sense of hearing while on duty in the engine room, and only heard a continuous ringing noise. But since the vessel was about to reach the port of Yokohama, Japan, Ayungo continued to work until 8:00 in the evening of that day. After three (3) hours, Ayungo woke up and felt like his surroundings were spinning. Then, he vomited, lost consciousness, and was later found by Oiler Desiderio Sumalinog lying on the floor. The incident was reported[8] to the master of the vessel, Captain J. A. Clenista, for proper action.[9] Upon reaching the port of Yokohama, Japan on March 16, 2008, Ayungo was confined at the Yokohama Red Cross Hospital and was initially diagnosed with “sudden elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56522 1/10

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