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SECOND DIVISION
[ G.R. No. 223295, March 13, 2019 ]
FALCON MARITIME AND ALLIED SERVICES, INC., YOKOHAMA
MARINE AND MERCHANT CORPORATION, AND/OR FLORIDA Z.
JOSE, PETITIONERS, V. ANGELITO B. PANGASIAN, RESPONDENT.
DECISION
J. REYES, JR., J.:
The Facts and the Case
Before this Court is a Petition for Review on Certiorari seeking to annul the August 10,
2015 Decision[1] and the February 29, 2016 Resolution[2] of the Court of Appeals (CA)
in CA-GR. SP No. 135163 which affirmed with modification the November 5, 2013
Decision[3] and the March 24, 2014 Resolution[4] of the Panel of Voluntary Arbitrators
of the National Conciliation and Mediation Board-NCR (Panel) in Case No. AC-949NCMB-NCR-45-09-06-13, which awarded the respondent his claims for permanent and
total disability benefits, moral damages, illness allowance, reimbursement for medical
expenses and attorney's fees.
From 2002 to 2012, Falcon Maritime and Allied Services, Inc. (Falcon Maritime),
Yokohama Marine and Merchant Corporation (Yokohama), and/or Florida Z. Jose (Jose)
[collectively, the petitioners], continuously hired Angelito B. Pangasian (respondent) as
Chief Cook under various contracts.[5]
After undergoing the requisite pre-employment medical examination on April 13, 2011
and having been declared "fit for sea duty, without restrictions, "[6] respondent was
rehired by the petitioners on July 21, 2011 to resume his former position as Chief Cook
on board the reefer ship M/V New Hayatsuki,[7] under the following terms and
conditions of employment:
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1.2
1.3
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1.5
1.6
1.7
Duration of Contract: 9 MONTHS
Position: CHIEF COOK
Basic Pay: US$599.00
Hours of Work: 40 HOURS PER WEEK
Overtime: Fixed/Closed: US$ 446.00 (GRTD 103 HRS)
Leave Pay: US$ 180.00/SBS 54.00
TOTAL:
1.8 Point of Hire: MANILA, PHILIPPINES[8]
The employment contract was duly approved by the Philippine Overseas Employment
Administration (POEA)[9] and was covered by the International Bargaining Forum All
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