G.R. No. 168753
SECOND DIVISION
PHILIMARE,
INC./MARLOW
NAVIGATION
CO.,
LTD.,
BONIFACIO
GOMEZ
and
ALBERTO GOMEZ,
Petitioners,
- versus
BENEDICTO F. SUGANOB,
Respondent.
G.R. No. 168753
Present:
QUISUMBING, J., Chairperson,
CARPIO MORALES,
TINGA,
VELASCO, JR., and
BRION, JJ.
Promulgated:
July 9, 2008
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DECISION
QUISUMBING, J.:
This petition for review assails the Decision[1] dated April 29, 2005 and the
Resolution[2] dated June 29, 2005 of the Court of Appeals in CA-G.R. SP No.
86350. Also assailed is the appellate courts Resolution[3] dated September 23,
2004, which had treated respondents petition for review under Rule 43 as a
petition for certiorari under Rule 65.
The antecedent facts are as follows:
Respondent Benedicto F. Suganob was employed as Chief Cook for
petitioners for almost ten years on board various vessels of petitioners. His last
employment contract with petitioners was on board M/V Mekong Star where he
was hired for a period of ten months starting September 2, 2001. Six days after
he had boarded said ship, he experienced pains on his right shoulder. After
undergoing consultation in Vietnam, he was medically repatriated.