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738 Phil. 824
SECOND DIVISION
[ G.R. No. 203472, July 09, 2014 ]
MAGSAYSAY MARITIME CORPORATION, EDUARDO U. MANESE AND
NORWEGIAN CRUISE LINE, PETITIONERS, VS. HENRY M.
SIMBAJON, RESPONDENT.
DECISION
BRION, J.:
We resolve in this petition for review on certiorari[1] the challenge to the June 8, 2012
decision[2] and the September 11, 2012 resolution[3] (assailed CA rulings) of the Court
of Appeals (CA) in CA-G.R. SP No. 118610. These assailed CA rulings annulled and set
aside the August 31, 2010 decision[4] and the December 30, 2010 resolution[5] (NLRC
rulings) of the National Labor Relations Commission (NLRC) in NLRC NCR LAC No. 10000244-07 (NLRC NCR Case (M) 05-08-01988-00). The NLRC rulings in turn reversed
and set aside the July 9, 2007 decision[6] of the labor arbiter (LA).
Factual Antecedents
On July 21, 2004, petitioner Norwegian Cruise Line (NCL) hired respondent Henry M.
Simbajon as a cook on board its vessel, the Norwegian Star (Hotel), under a Philippine
Overseas Employment Administration Standard Employment Contract (POEA-SEC).
Simbajon’s employment contract was coursed through petitioner Magsaysay Maritime
Corporation (Magsaysay), the authorized manning agent of NCL in the Philippines.[7]
This was already the fourth time that NCL hired Simbajon through Magsaysay.[8]
Before hiring, Simbajon was required to undergo and pass the mandatory PreEmployment Medical Examination (PEME).[9] Simbajon was asked in this examination
to disclose all his existing and prior medical conditions. The query focused on 23
medical conditions, including diabetes. Simbajon confirmed that he had never been
afflicted with this disease and that he had no family history of it.[10] His medical tests
confirmed this claim and he was given a clean bill of health and declared “fit for
employment” or “fit for sea service.”[11]
On July 24, 2004, Simbajon boarded the Norwegian Star (Hotel) and joined its crew.
Only six days after embarkation, he complained of increased urination and having a
constant feeling of thirst. He consulted the doctor on board and was initially diagnosed
with possible Diabetes mellitus Type II (DM Type II). Subsequently, the doctor referred
him to an on-shore physician while the vessel was docked at Alaska. The on-shore
physician confirmed that Simbajon was indeed suffering from DM Type II. On August
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