4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly 693 Phil. 516 FIRST DIVISION [ G.R. No. 177907, August 29, 2012 ] FAIR SHIPPING CORP., AND/OR KOHYU MARINE CO., LTD., PETITIONERS, VS. JOSELITO T. MEDEL, RESPONDENT. DECISION LEONARDO-DE CASTRO, J.: In this Petition for Review on Certiorari[1] under Rule 45, the Court is asked to reverse and set aside the Decision[2] and Resolution[3] of the Court of Appeals in CA-G.R. SP No. 75893 dated November 20, 2006 and May 15, 2007, respectively. In the assailed Decision, the Court of Appeals held that the Second Division of the National Labor Relations Commission (NLRC) committed grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the Decision[4] dated July 31, 2002 in NLRC OFW (M) 99-09-01462 (CA No. 029790-01). In the assailed resolution, the Court of Appeals denied for lack of merit the Motion for Reconsideration[5] of herein petitioners Fair Shipping Corporation and Kohyu Marine Co., Ltd. and the Partial Motion for Reconsideration filed by herein respondent Joselito T. Medel. From the records of the case, we culled the following material facts: On November 23, 1998, Medel was hired by Fair Shipping Corporation, for and in behalf of its foreign principal Kohyu Marine Co., Ltd. Under the Contract of Employment[6] signed by Medel, the latter was employed as an Able Seaman of the vessel M/V Optima for a period of 12 months with a basic monthly salary of US$335.00, plus fixed overtime pay of US$136.00 and vacation leave with pay of two and a half (2.5) days per month. The contract expressly stated that the terms and conditions of the revised Employment Contract governing the employment of all seafarers, as approved per Department Order No. 33 and Memorandum Circular No. 55, both series of 1996 [the 1996 POEA SEC],[7] were to be strictly and faithfully observed by the parties. Medel boarded the M/V Optima on November 27, 1998 and commenced the performance of his duties therein.[8] On March 1, 1999, while the M/V Optima was docked at the Port of Vungtao in Ho Chi Minh City, Vietnam, Medel figured in an unfortunate accident. During the conduct of emergency drills aboard the vessel, one of Medel’s co-workers lost control of the manual handle of a lifeboat, causing the same to turn uncontrollably; and it struck Medel in the forehead. Medel was given first aid treatment and immediately brought to the Choray Hospital in Ho Chi Minh City on said date.[9] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55119 1/14

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