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FIRST DIVISION
[ G.R. No. 215904, January 10, 2019 ]
EDGAR L. TORILLOS, PETITIONER, VS. EASTGATE MARITIME
CORPORATION, F.J. LINES, INC., PANAMA, AND EMMANUEL L.
REGIO, RESPONDENTS.
[G.R. No. 216165]
EASTGATE MARITIME CORPORATION, F.J. LINES, INC., PANAMA,
AND EMMANUEL L. REGIO, PETITIONERS, VS. EDGAR L. TORILLOS,
RESPONDENT.
DECISION
DEL CASTILLO, J.:
Before the Court are two consolidated Petitions for Review on Certiorari,[1] docketed as
G.R. Nos. 215904 and 216165, both seeking the reversal of the April 1, 2014
Decision[2] and December 15, 2014 Resolution[3] of the Court of Appeals (CA) in CAG.R. SP No. 130976, which awarded Edgar L. Torillos (Torillos) permanent and total
disability benefits in the amount of US$60,000.00 and attorney's fees of US$6,000.00.
Antecedent Facts
For a period of 15 years, Eastgate Maritime Corporation (Eastgate), for and on behalf of
its foreign principal, F.J. Lines, Inc., Panama, continuously hired Torillos under various
contracts. His last contract of employment[4] dated November 3, 2010 on board the
vessel MV Corona Lions as Chief Cook was duly approved by the Philippine Overseas
Employment Administration (POEA) and was covered by the International Bargaining
Forum All Japan Seamen's Union/Associated Marine Officers' and Seamen's Union of the
Philippines-International Mariners Management Association of Japan (IBF JSU/AMOSUPIMMAJ) Collective Bargaining Agreement (CBA).[5] Torillos underwent the requisite PreEmployment Medical Examination (PEME) and was found fit for sea duty.[6]
Torillos boarded the vessel on December 4, 2010. Sometime in November 2011, while
in the performance of his duties, Torillos experienced pain in his right leg radiating to
his lower extremities. He reported the matter to the Master of the vessel who, in turn,
brought him to a hospital in Reihoku, Japan on November 14, 2011. There, he was
diagnosed to be suffering from urinary stone in his right urinary tract and was
prescribed pain reliever drugs.[7] Due to persistent back and leg pains, he was again
taken to a hospital in Newcastle, England on December 16, 2011 where the doctor
recommended his repatriation for further management and treatment.[8]
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