5/19/2021
E-Library - Information At Your Fingertips: Printer Friendly
THIRD DIVISION
[ G.R. No. 238933, July 01, 2020 ]
JOEY RONTOS CLEMENTE, PETITIONER, VS. STATUS MARITIME
CORPORATION, BEKS DEMI ISLETMECILIGI VE TICARET A.S.,
AND/OR LOMA B. AGUIMAN, RESPONDENTS.
DECISION
LEONEN, J.:
For this Court's resolution is a Petition for Review[1] assailing the Decision[2] and
Resolution[3] of the Court of Appeals which affirmed the decisions of the National Labor
Relations Commission and Labor Arbiter, disqualifying Joey Rontos Clemente from
claiming disability benefits under the POEA Standard Employment Contract.
On August 7, 2015, Joey Rontos Clemente (Clemente) was hired by Status Maritime
Corporation (Status Maritime) as a fitter on behalf of Beks Gemi Isletmeciligi Ve Ticaret
A.S. and its owner, Loma B. Aguiman.[4] The terms of employment were as follows:
Duration of Contract:
Position:
Basic Monthly Salary:
Fixed Overtime/103 Hrs.
Monthly:
Hours of Work:
Leave Pay:
Leave Subject:
Owner's Bonus/Extra O.T.
Over and Above 103 Hrs.:
Point of Hire:
O.T/Hour:
CBA. if any:
9+3 MONTHS UPON MUTUAL
CONSENT OF BOTH PARTIES
FITTER
US$735.20
US$546.40
48 HOURS/WEEK
US$171.55
US$100.80
US$264.05
MANILA, PHILIPPINES
US$5.30
NONE[5]
Before boarding the vessel, Clemente underwent pre-employment medical examination
and was declared fit to work.[6]
On March 25, 2016, Clemente's shoulder snapped and was dislocated while he was
allegedly lifting a heavy object. He was repatriated and recommended for surgical
repair after being diagnosed with recurrent left shoulder dislocation.[7]
Immediately after repatriation, Clemente reported to Status Maritime, which referred
him to the company designated physician who advised him to undergo MRI. However,
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66521
1/19