7/7/2021

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FIRST DIVISION
[ G.R. No. 207344, November 18, 2020 ]
OSG SHIPMANAGEMENT MANILA, INC., MICHAELMAR SHIPPING
SERVICES, INC., AND/OR MA. CRISTINA PARAS, PETITIONERS, VS.
VICTORIO B. DE JESUS, RESPONDENT.
DECISION
GAERLAN, J.:
Subject to review under Rule 45 of the Rules of Court at the instance of petitioners OSG
Shipmanagement Manila, Inc., Michaelmar Shipping Services, Inc., and/or Ma. Cristina
Paras, are the Decision[1] promulgated on January 31, 2013 and the Resolution[2]
dated May 28, 2013 in CA-G.R. SP No. 120916, whereby the Court of Appeals (CA)
reversed the National Labor Relations Commission's (NLRC) Decision[3] dated March
31, 2011 in NLRC LAC (OFW­M) No. 08-000633-10.
The Antecedents
Victoria B. De Jesus (respondent) alleged that he was hired by petitioner OSG
Shipmanagement Manila, Inc. (petitioner), for and in behalf of Michaelmar Shipping
Services, its foreign principal on Board "M/T OVERSEAS ANDROMAR, as Second Cook
on January 15, 2008. His contract period was for eight months on the board the vessell
M/T OVERSEAS ANDROMAR.[4] Prior to boarding on February 20, 2008, he underwent
medical examination and was declared "Fit to work."[5] Several days after boarding,
respondent noticed that the drinking water is salty and dirty. During the voyage,
respondent experienced sudden pain all over his body and experienced nausea.[6]
Thus, when the ship anchored in Rotterdam, Netherlands, he consulted a doctor who
diagnosed him with Costen Syndrome. Despite taking medication, respondent's
condition did not improve. Hence, he was sent to a doctor in Singapore and then in
China, who diagnosed him of urethritis and kidney stones.[7]
Respondent further averred that when he was repatriated to the Philippines on
November 14, 2008, petitioner refused to let him undergo a medical examination due
to the absence of a master's medical pass.[8] He was, thus, constrained to seek
treatment from his personal doctor. He then underwent Nephrectomy, a surgery to
remove one of his kidneys.[9] On August 26, 2009, a doctor at the Intellicare Makati
Clinic certified that respondent is no longer fit for maritime duties.[10] Thus, he filed a
complaint for full disability compensation against petitioners.
For their part, petitioners averred that respondent was repatriated due to a finished
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