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794 Phil. 286
THIRD DIVISION
[ G.R. No. 220608, August 31, 2016 ]
MARCELINO T. TAMIN, PETITIONER, VS. MAGSAYSAY MARITIME
CORPORATION AND/OR MASTERBULK PTE. LTD., RESPONDENTS.
DECISION
VELASCO JR., J.:
Nature of the Case
Before this Court is a petition for review on certiorari under Rule 45 of the Rules of
Court assailing the June 25, 2015 Decision[1] and the September 18, 2015
Resolution[2] of the Court of Appeals (CA) in CA-G.R. SP No. 137055, which reversed
and set aside the June 11, 2014 Decision[3] and the August 4, 2014 Resolution[4] of the
Panel of Voluntary Arbitrators (VA) which granted a seafarer's claim for permanent and
total disability benefits.
The Facts
On June 1, 2011, petitioner Marcelino T. Tamin entered into a contract of
employment[5] with respondent Magsaysay Maritime Corporation (Magsaysay), for and
in behalf of its principal, respondent Masterbulk Pte. Ltd. (Masterbulk), to work as Chief
Cook on board MV Star Heranger for a period of nine (9) months with a basic monthly
salary of US$865. Aside from the provisions of the Philippine Overseas Employment
Administration Standard Employment Contract (POEA-SEC), the employment contract is
also governed by a Memorandum of Agreement[6] entered into by and among
Magsaysay, Masterbulk, and the Associated Marine Officers and Seamen's Union of the
Philippines (AMOSUP), as well as a Collective Bargaining Agreement (CBA).[7]
After undergoing the requisite Pre-Employment Medical Examination (PEME) and having
been declared as "fit for sea duty," petitioner immediately assumed his responsibilities
on-board the vessel.
As chief cook, petitioner was the overall in charge of the food catering department. His
responsibilities included the supervision of activities of the kitchen personnel,
coordination with the ship's Master on food supplies and equipment, preparation of
meat for cooking, and inspection of the galley mess hall and equipment.
On November 16, 2011, while on kitchen duty and chopping pork knuckles for lunch,
the chopping knife accidentally slid down and cut petitioner's left forefinger at about
1.5 inches, causing it to detach from the joint bone. The Chief Officer and Second
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