6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58917 1/9

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