SECOND DIVISION
[G.R. No. 141505. August 18, 2005]
NORMA HERMOGENES, petitioner, vs. OSCO SHIPPING SERVICES,
INC., respondent.
DECISION
AUSTRIA-MARTINEZ, J.:
Before us is a petition for review on certiorari under Rule 45 of the Rules of Court
assailing the Decision[1] of the Court of Appeals (CA), dated May 31, 1999, in CA-G.R.
SP No. 52389 which denied due course and dismissed herein petitioners petition
for certiorari; and its November 29, 1999 Resolution[2] denying petitioners motion for
reconsideration.
The facts of the case, as found by the CA, are as follows:
It appears that the petitioner Norma Hermogenes is the surviving spouse of the late
Ciriaco A. Hermogenes who, prior to his death, was a seaman employed in foreign
vessels from 1973 to 1991. His last employment was with the Osco Shipping A/S Co.
of Norway, represented by respondent Osco Shipping Services (Philippines), Inc., as
Chief Cook of the M/T Cedar Bow. Prior thereto, he was also employed as a Chief
Cook on the vessels M/T Geroro and M/T Gracechurch Star, also owned by the same
company.
On March 2, 1991, while serving on the M/T Gracechurch Star, he was confined at the
Ospidale Internationale Case Di Cura at Naples, Italy, and was operated on due to
continuous bleeding of his intestines (also described as severe gastric hemorrhage)
arising from an ulceratic lesion at the prepyloric region. He was also diagnosed to be
suffering from gastric ulcer with chronic gastritis, calculosis of the gall bladder,
diabetes mellitus, hypertension, and ieschaemic cardiopathy. Thereafter, he was
repatriated back to Manila and confined at the Metropolitan Hospital where he
underwent postoperative medical attention by Dr. Robert D. Lim. He was discharged
shortly thereafter when he was on the way to recovery.
In the meantime, Ciriaco Hermogenes was given sick wage allowance by respondent
Osco equivalent to four (4) months salary.