G.R. No. 178127
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/178127.htm
respondent as chief cook on board the vessel M/T Golden Progress for a period of ten (10)
months.
Before the contract was executed, respondent was made to undergo the routine
Pre-Employment Medical Examination (PEME) at S.M. Lazo Medical Clinic, Inc. and was
found to be fit to work by the attending physician Dr. Jose Dante V. Jacinto.
On March 23, 2000, respondent boarded the above-named vessel and commenced to
perform his duty as chief cook.
Twenty one (21) days later or on April 13, 2000, while the vessel was docked in Korea,
respondent requested medical attention due to chest pains and hypertension and was
brought to the Hyundai Surgical Center. The attending physician made no pronouncement
as to respondents fitness for work but made the following diagnosis:
Impression) (1) Suspected ischemic heart disease (2) Hypertension
[2]
Treatment) Calcium channel block medication. Jao Ho Lee
(Emphasis
and underscoring supplied)
Subsequently or on April 26, 2000, respondent, by letter of even date addressed to Captain
Thomas Cristino, Crewing Manager of petitioner Virjen, wrote, quoted verbatim:
With much regret, I would like to say my sincere sorry for having me
decided to quit my job. Poor Health is the main reason and thus affecting
the performance of my duty.
However too, if somebody is going to disembark this coming May in
Singapore may I respectfully request your permission to allow me to join
said disembarkation crew. Just in case it is not possible, then I will
patiently wait to those are scheduled by early June.
As well, it is clear to me that I am responsible for my airfare and to joining
crew as my replacement since I have not complied with the terms of the
contract.
Thank you very much to your kind consideration & understanding & hope
this irrevocable resignation be granted on proper time so as to allow me to
[3]
accommodate the due expenses for repatriation.
(Emphasis and
underscoring supplied)
Upon arrival of the vessel in Singapore and prior to his disembarkation, respondent again
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