4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly 712 Phil. 507 SECOND DIVISION [ G.R. No. 194362, June 26, 2013 ] PHILIPPINE HAMMONIA SHIP AGENCY, INC. (NOW KNOWN AS BSM CREW SERVICE CENTRE PHILIPPINES, INC.) AND DORCHESTER MARINE LTD., PETITIONERS, VS. EULOGIO V. DUMADAG, RESPONDENT. DECISION BRION, J.: We resolve the petition for review on certiorari[1] seeking to nullify the decision[2] dated August 31, 2010 and the resolution[3] dated November 2, 2010 of the Court of Appeals (CA) in CA-G.R. SP No. 111582. The Antecedents On February 12, 2007, the Philippine Hammonia Ship Agency, Inc. (now known as BSM Crew Service Centre Philippines, Inc.), in behalf of its principal, Dorchester Marine Ltd. (petitioners), hired respondent Eulogio V. Dumadag for four months as Able Bodied Seaman for the vessel Al Hamra, pursuant to the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC). Dumadag was to receive a monthly salary of US$558.00, plus other benefits. Before he boarded the vessel Al Hamra, Dumadag underwent a pre-employment medical examination and was declared fit to work. Sometime in May 2007, while on board the vessel, Dumadag complained of difficulty in sleeping and changes in his body temperature. On May 18, 2007, a physician at the Honmoku Hospital in Yokohama, Japan examined him. He also underwent ultrasonographic, blood and ECG examinations and was found to be normal and "fit for duty," but was advised to have bed rest for two to three days.[4] Thereafter, Dumadag complained of muscle stiffness in his entire body. On June 20, 2007, he was again subjected to blood tests, urinalysis and uric laboratory procedures in Japan. He was found "fit for light duty for 5-7 days."[5] On July 19, 2007, his contract completed, Dumadag returned to the Philippines. Allegedly, upon his request, the agency referred him to the company-designated physician, Dr. Wilanie Romero-Dacanay of the Metropolitan Medical Center (MMC), for medical examination. At the MMC, Dumadag underwent baseline laboratory tests revealing "normal complete blood count, creatinine, sodium, potassium, calcium and elevated creatinine kinase."[6] He was also subjected to thyroid function tests that likewise showed normal results. Further, he underwent psychological tests and elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55919 1/10

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