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811 Phil. 589
THIRD DIVISION
[ G.R. No. 224532, June 21, 2017 ]
CONSTANCIO CADERAO BALATERO, PETITIONER, V. SENATOR
CREWING (MANILA) INC., AQUANAUT SHIPMANAGEMENT LTD.,
ROSE AARON AND CARLOS BONOAN, MV MSC FLAMINIA,
RESPONDENTS.
[G.R. No. 224565, June 21, 2017]
SENATOR CREWING (MANILA) INC., AQUANAUT
SHIPMANAGEMENT LTD., ROSE AARON AND CARLOS BONOAN,
PETITIONERS, V. CONSTANCIO C. BALATERO, RESPONDENTS.
DECISION
REYES, J.:
Before the Court are two consolidated petitions for review on certiorari. The first[1] is
filed by Constancio Caderao Balatero (Balatero) against Senator Crewing (Manila), Inc.
(SCMI), Aquanaut Shipmanagement Ltd. (Aquanaut), Rose Aaron (Aaron), Carlos
Bonoan (Bonoan) and MV MSC Flaminia (for brevity, they are to be referred to
collectively as "the respondents" despite the fact that they are the petitioners in G.R.
No. 224565). The second,[2] on the other hand, is filed by the respondents against
Balatero. Both petitions assail the Court of Appeals' (CA) Decision[3] and Resolution,[4]
dated February 4, 2016 and May 2, 2016, respectively, in CA-G.R. SP No. 142095,
which reversed the rulings of the Labor Arbiter (LA) and the National Labor Relations
Commission (NLRC) awarding to Balatero the amount of US$60,000.00 as permanent
total disability benefits, plus 10% attorney's fees.
Antecedents
SCMI is a local manning agency, with Aaron and Bonoan, as President and Crewing
Superintendent, respectively. Aquanaut is among SCMI's foreign principals.[5]
Balatero was initially engaged by the respondents as an able-bodied seaman on April
12, 1997. He had worked his way up to become 2nd Officer and had boarded 18 of the
respondents' ships.[6]
On July 31, 2013, after having been found as ''fit to work" upon compliance with the
required Pre-Employment Medical Examination (PEME), Balatero boarded MV MSC
Flaminia[7] for a six-month contract[8] as 3rd Officer, with a basic monthly salary of
US$1,120.00, plus overtime pay and subsistence allowance. He accepted a lower post
merely out of loyalty to SCMI and Aquanaut.[9]
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