FIRST DIVISION LAURO C. DEGAMO, Petitioner, - versus - G.R. No. 154460 Present: Davide, Jr., C.J., (Chairman), Quisumbing, Ynares-Santiago, Carpio, and Azcuna, JJ. AVANTGARDE SHIPPING CORP., Promulgated: and/or LEVY RABAMONTAN and SEMBAWANG JOHNSON MGT. November 22, 2005 PTE. LTD., Respondents. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x DECISION QUISUMBING, J.: Before us is a petition for review of the Resolutions dated May 23, 2002[1] and July 9, 2002[2] of the Court of Appeals in CA-G.R. SP No. 70663 denying petitioners motion for extension of time to file petition and his motion for reconsideration. On November 8, 1994, respondent Avantgarde Shipping Corporation (Avantgarde), acting in behalf of its foreign principal, respondent Sembawang Johnson Management, Pte., Ltd. (Sembawang), hired petitioner Lauro C. Degamo as Oiler of the vessel Nippon Reefer for a period of ten months.[3] While working in the vessels engine room, a spanner dropped and hit petitioner on his right thigh. He required surgery and hospitalization. When he returned to the ship after a few days, his medical condition got worse. Consequently, he was repatriated to the Philippines on March 4, 1995. Immediately upon his arrival, petitioner reported to respondent Avantgardes office, but since it was a Saturday and there was no one to assist him, he went to his relatives in Cebu and was operated at Metro Cebu Community Hospital.