4/9/2020
E-Library - Information At Your Fingertips: Printer Friendly
700 Phil. 598
THIRD DIVISION
[ G.R. No. 175491, December 10, 2012 ]
CREW AND SHIP MANAGEMENT INTERNATIONAL INC. AND SALENA
INC., PETITIONERS, VS. JINA T. SORIA, RESPONDENT.
DECISION
MENDOZA, J.:
This petition for review on certiorari under Rule 45 of the Rules of Court assails the May 31,
2006 Decision[1] and the November 14, 2006 Resolution[2] of the Court of Appeals (CA), in
CA-G.R. SP No. 85350, which set aside the April 30, 2004 Resolution[3] of the National
Labor Relations Commission (NLRC), dismissing the complaint of Jina T. Soria[4]
(respondent), on behalf of her late husband Zosimo J. Soria (Zosimo), for death
compensation benefits.
The Factual and Procedural Antecedents
On August 7, 1995, Zosimo entered into a one-year contract of employment[5] with Salena
Inc., through its local manning agent, Crew and Ship Management International Inc.
(petitioners). He was employed as an Assistant Cook on board M.V. Sofia, later renamed
M.V. Apollo, with a basic monthly salary of US$200.00.
On June 5, 1996, Zosimo, during his routine duty inside M.V. Apollo’s engine room, suffered
burns on his left knee when it accidentally brushed the hot engine. The vessel’s medical
officer immediately attended and treated Zosimo’s injury with the appropriate medication.
On June 9, 1996, M.V. Apollo arrived at New Orleans from Masinloc, Zambales, Philippines.
On June 16, 1996, M.V. Apollo departed New Orleans and reached Guayaquil, Ecuador, on
June 26, 1996. From June 9, 1996 to June 26, 1996, there were no reported complaints
from Zosimo.
On June 28, 1996, per M.V. Apollo’s Master’s Report,[6] Zosimo requested for medical
attention. Subsequently, Zosimo was confined in a hospital in Ecuador where the cleaning
and dressing of the wound and skin grafting over the burn areas with skin taken from the
left lateral aspect of the left thigh were performed. On July 10, 1996, Zosimo was
discharged from the hospital and deemed fit for repatriation.
Upon his repatriation to the Philippines, Zosimo immediately went to Legaspi City. On July
13, 1996, Zosimo sought medical attention for his burn wounds in Ago General Hospital,
Legaspi City. In the Medical Certificate,[7] Zosimo was diagnosed with a “Healed Wound
With Viable Skin Graft, Non-Infected; Dried Wound At Harvest Site, Lateral Aspect Of Left
Thigh.”
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55408
1/11