G. R. No. 179177 8 of 29 http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm (Jocson), Managing Director of respondent Sea Serve on 5 May 2003. In said Affidavit, affiant Jocson deposed and stated, inter alia, that 3. That as agent in the Philippines of the above principal in the Philippines (sic) our company assumes full and complete responsibility for all contractual obligations to the seafarers originally recruited and processed by Nobel Shipping Inc. for the vessel(s) MV Algosaibi 1, 2, 22, 23, 24, 25, 26 & MV Midnight Arrow; Algosaibi 21 4. That in case of our failure to effect all contractual obligations of the principal to its seafarers, DOLE/POEA shall impose the necessary penalties in accordance with its Rules and Regulations, including but not limited to suspension/cancellation of our license/authority as well as confiscation of bonus. In a Decision [37] dated 23 July 2003, Labor Arbiter Fatima Jambaro-Franco found petitioner Nisdas Complaint meritorious. The decretal part of said Decision reads: WHEREFORE, premises considered, judgment is hereby rendered, ordering the respondents Nobel Ship Services, Inc./Annabel Guerrero/Khalifa A. Algosaibi Diving & Marine Services Company to jointly and severally pay complainant Carlos N. Nisda the amount of Seventy Three Thousand Two Hundred Sixty US Dollars (US$73,260.00) or its equivalent in Philippine Peso at the prevailing rate of exchange at the time of actual payment representing his disability benefits, sickness allowance and attorneys fees. All other claims are DISMISSED for lack of merit. The Labor Arbiter found that there was no doubt that petitioner Nisdas heart condition was contracted during his 15 long years of employment with respondent ADAMS. Factors of said employment, i.e., 12-hour work days and the different weather conditions he was exposed to, predisposed said seafarer to heart disease. In ruling that petitioner Nisda suffered from a permanent disability with a Grade 1 disability or [38] issued by Dr. Levi impediment rating, the Labor Arbiter relied on the Certification Rejuso, a neurologist which states: This is to certify that Mr. Carlos N. Nisda, 60/M came in today for his check-up. Upon review of his history and as per recommendation by his cardiologist (sic) he is refrained (sic) from doing stressful activities. In this regard (sic) he can no longer perform his duties as a Ship Master and is categorized with grade I disability. Ephraim B. Cortez (Atty. Cortez), counsel of respondent ADAMS, Nobel, and 1/28/2016 1:07 PM

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