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741 PHIL. 222
THIRD DIVISION
[ G.R. No. 198342, August 13, 2014 ]
REMEDIOS O. YAP, PETITIONER, VS. ROVER MARITIME SERVICES
CORPORATION, MR. RUEL BENISANO AND/OR UCO MARINE
CONTRACTING W.L.L., RESPONDENTS.
DECISION
PERALTA, J.:
Before the Court is a petition for review on certiorari under Rule 45 of the Rules of
Court seeking to reverse and set aside the Decision[1] and Resolution,[2] dated June 6,
2011 and August 23, 2011, respectively, of the Court of Appeals (CA) in CA-G.R. SP No.
114417 which reversed the Decision[3] and Resolution,[4] dated January 29, 2010 and
March 25, 2010, respectively, of the National Labor Relations Commission (NLRC) in
NLRC LAC No. (OFW-M) 04-000292-08.
The antecedent facts are as follows:
The deceased, Dovee M. Yap, was a seafarer who had been employed by respondents
Rover Maritime Services Corporation, its foreign principal, UCO-Marine Contracting W.
L. L., and Ruel Benisano, in various capacities under different contracts of employment
continuously for a period of ten (10) years.[5] In his last contract with respondents,
dated July 15, 2005, he was hired as Third Mate on board vessel UCO XX for a period of
one (1) year with a basic monthly salary of Six Hundred Dollars (US$600.00).[6] He
boarded the vessel on July 23, 2005.
On July 23, 2006, the last day of Dovee Yap’s contract, he met an accident. While
inspecting a lifeboat, he slipped and hit his back on the steel lifeboat ladder.[7] He was
brought to a hospital in Bahrain and was confined thereat for two (2) weeks.[8]
On August 17, 2006, Dovee Yap was repatriated to the Philippines. On August 19,
2006, he was admitted at the Doctors Medical Center in Iloilo City for three (3) weeks
for further treatment. Sometime later, Dovee Yap was again confined at the (Iloilo)
Western Visayas Medical Center, with the diagnosis of “squamous cell carcinoma of the
lungs with metastasis to the spine and probably the brain.”[9]
On July 17, 2007, Dovee Yap filed against respondents a complaint for permanent
disability benefits, sick wages, reimbursement of hospital, medical, and doctor’s
expenses, actual, moral and exemplary damages, and attorney’s fees.[10]
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