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740 PHIL. 175
FIRST DIVISION
[ G.R. No. 198097, July 30, 2014 ]
STATUS MARITIME CORPORATION, MS. LOMA B. AGUIMAN,
FAIRDEAL GROUP MANAGEMENT S.A., AND MT FAIR JOLLY,
PETITIONERS, VS. SPOUSES MARGARITO B. DELALAMON AND
PRISCILA A. DELALAMON, RESPONDENTS.
DECISION
REYES, J.:
This Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court, assails the
Decision[2] dated May 27, 2011 of the Court of Appeals (CA) in CA-G.R. SP No. 108142
awarding permanent disability benefits and sickness allowance to Margarito Delalamon
(Margarito).
The Facts
Margarito was hired by Status Maritime Corporation (Status Maritime), for and in behalf
of its principal, Fairdeal Group Management S.A. (Fairdeal), as Chief Engineer with a
monthly basic salary of US$1,300.00. The employment contract was originally for a
period of nine (9) months from July 26, 2005 to April 26, 2006 but Margarito later on
requested for, and was granted, extension until October 2006.[3]
Margarito left Manila to join the vessel, M/T Fair Jolly, on July 26, 2005 and forthwith
discharged his duties.[4] In September 2006, while the vessel was in United Arab
Emirates (UAE), Margarito complained of loss of appetite. He was sent to the National
Medical Center at the Port of Fujairah, UAE, for diagnosis and treatment. In a Medical
Report dated September 2, 2006, Margarito was diagnosed with “Renal Insufficiency:
Diabetes Mellitus; IHD Blood+CBC+Anemia.”
He was medically repatriated on
September 6, 2006.[5]
On December 29, 2006, Margarito and his wife Priscila (respondents) filed a complaint
before the Labor Arbiter (LA) for the payment of permanent disability benefits, sickness
allowance, damages and attorney’s fees against Fairdeal, M/T Fair Jolly, Status Maritime
and its President, Loma B. Aguiman (petitioners). The complaint was docketed as
NLRC NCR OFW Case No. (M) 06-12-03874-00.[6]
According to the respondents, Margarito was physically weak when he arrived in the
Philippines. He thus sought to rest at home and failed to report to the petitioners.
Priscilla nonetheless notified the petitioners of Margarito’s condition through a certain
Allan Lopez.[7]
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