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751 Phil. 204
THIRD DIVISION
[ G.R. No. 192406, January 21, 2015 ]
ONE SHIPPING CORP., AND/OR ONE SHIPPING KABUSHIKI
KAISHA/JAPAN, PETITIONER, VS. IMELDA C. PEÑAFIEL,
RESPONDENT.
DECISION
PERALTA, J.:
This is to resolve the Petition for Review on Certiorari under Rule 45 of the Revised
Rules of Court, dated July 2, 2010, of petitioner One Shipping Corp., seeking the
reversal of the Court of Appeals' Decision dated October 27, 2009 and Resolution dated
May 27, 2010.[1]
The antecedent facts follow.
Petitioner One Shipping Corp., for and in behalf of its principal One Shipping Kabushiki
Kaisha/Japan, hired the late Ildefonso S. Peñafiel as Second Engineer on board the
vessel MV/ACX Magnolia with a monthly basic salary of US$1,120.00 and for a duration
of twelve (12) months. Peñafiel boarded the vessel on August 29, 2004 and died on
July 2, 2005. His wife then filed for monetary claims arising from his death.
Respondent alleged that while her husband Ildefonso was performing his task on board
the vessel, the latter felt a throbbing pain in his chest and shortening of breath, as if he
was about to fall. Thinking that the same was due to his heavy workload, Ildefonso
took a rest. However, after recovering, Ildefonso allegedly informed his superior about
the pain but the latter ignored him. On May 21, 2005, Ildefonso disembarked from the
vessel and returned to the Philippines on the same day. Respondent claims that upon
arrival, Ildefonso reported to the petitioner manning agency to ask for medical
attention for his condition, but instead of being sent for post medical examination,
Ildefonso was allegedly informed by the petitioners that he was already scheduled for
his next deployment. Thus, Ildefonso was required to undergo the pre-employment
medical examination at the PMP Diagnostic Center, Inc. on July 2, 2005. However, after
allegedly completing the medical and laboratory examinations, Ildefonso collapsed and
was immediately brought to the Philippine General Hospital where he died at 2:05 p.m.
of the same day due to myocardial infarction. As a result, respondent asserts that she
called up petitioner manning agency and told them about the incident hoping that she
would be given the necessary benefits.
Petitioners, on the other hand, admitted that they contracted the services of the late
Ildefonso on August 23, 2004, to work on board MV/ ACX Magnolia for a period of
twelve (12) months. However, they denied any liability for the claims of the respondent
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