G.R. No. 178127
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/178127.htm
requested on May 13, 2000 medical treatment for abscess in his left thumb. Dr. Ivan Chan
of Gleneagles Maritime Medical Centre who attended to respondent stated in his report:
Name/Age: Jesus B. Barraquio/50
Rank/Nationality: CCK/Filipino
Agent/Vessel: Heng Fu Kot/Golden Progress
Allergy: Nil
HISTORY: Painful swelling left thumb for 10 days. History of hypertension
for 3 years, on calciblock. Medication finished. Cholesterol normal.
xxxx
DIAGNOSIS: ABSCESS LEFT THUMB; HYPERTENSION
xxxx
RECOMMENDATIONS:
DISPOSITION: Fit to sail.
italics supplied)
[4]
(Emphasis and underscoring in the original;
Respondent was allowed by petitioners to disembark. He arrived in the Philippines
on May 15, 2000. On August 2, 2000, respondent signed a Statement of Account
acknowledging set-off of his vacation leave pay in the amount of P15,188.75 from the cost
of finding respondents replacement and the cost of repatriation in the amount of P38,
373.65. For the balance of P23, 184.90, respondent signed a promissory note in favor of
petitioner Virjen.
A year later or on August 1, 2001, respondent filed a complaint for non-payment of 120
days sickness allowance under Section 20 (B) paragraph 2 of the Standard Employment
[5]
Contract for Seafarers , disability benefits, legal interest computed from date of formal
demand, reimbursement of medical expenses, and damages.
In his Complaint, respondent alleged that due to constant verbal abuse from the ship
master, Captain Marino Kasala, he suffered dizziness, chest pains, headaches and irregular
sleep leading to hypertension; that he was forced to execute the request for disembarkation
for fear that his health would worsen; and that medical findings in his PEME that he was fit
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