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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
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