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RESOLUTION
G.R. No. 214334
November 17, 2014
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On 11 April 2012, petitioner Roberto Repizo was hired by Aquanaut
thru its manning agent, Senator as an Engine Fitter. His employment was
'" ,, '~'to~1w1 fQr- a."peri0d of six months to commence on 11 April 2012 when he
,,. · &oarded the vessel MN Buxfavourite and he was to receive, inter alia, a
basic monthly salary ofUS$775.00 a month.·
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Prior to the execution of the contract, Repizo underwent a thorough
Pre-Employment Medical Examination (PEME) and after compliance
therewith, he was certified as "fit to work" by the company designated
physician.
On 29 September 2012, while on board the vessel, Repizo
complained of abdominal pain obliging the Medical Officer to send him to
a routine check up in Houston, Texas wherein he was diagnosed with renal
colic, an abdominal pain commonly caused by kidney stones.
After the completion of his employment contract, Repizo was
repatriated to the Philippines on 28 October 2012.
To validate the findings of the hospital in Houston, Texas, Repizo
was examined by the company-designated physician upon his arrival in
Manila. Dr. Esther Go (Dr. Go) of the Marine Medical Service confirmed
that Repizo is indeed suffering from urolithiasis, a condition when urinary
stones are formed or located anywhere in the urinary system. To address
the issue, Repizo was given medication. Dr. Go further found that
Repizo' s illness resulted from a combination of genetic predisposition, diet,
water intake and is not work-related. On 13 November 2012, Repizo was
declared "fit to work."
Claiming that he was repatriated to the Philippines for medical
reasons, Repizo filed a complaint for recovery of total or permanent
disability benefits, moral damages, exemplary damages and attorney's fees
against respondents Aquanaut, Senator and Aaron. To support his cause,
Repizo presented as evidence the Certification by a certain Dr. Garduce
stating that "it would be impossible for him to work as a seaman-fitter."
Repizo claimed that he is entitled to maximum disability compensation in
the amount of US$125,000.00 based on the Philippine Overseas
Employment Administration (POEA) Contract.
For lack of merit, the Labor Arbiter in a Decision dated 5 December
2013 dismissed the complaint filed by Repizo, which ruling was affirmed
by the NLRC in its 31 March 2014 Decision.
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CA Resolution dated 11 July 2014. Id. at 26.
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