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715 Phil. 454
SECOND DIVISION
[ G.R. No. 186509, July 29, 2013 ]
PHILMAN MARINE AGENCY, INC. (NOW DOHLE-PHILMAN MANNING
AGENCY, INC.) AND/OR DOHLE (IOM) LIMITED, PETITIONERS, VS.
ARMANDO S. CABANBAN, RESPONDENT.
DECISION
BRION, J.:
We resolve in this petition for review on certiorari[1] the challenge to the December 10,
2008 decision[2] and the February 18, 2009[3] resolution of the Court of Appeals (CA) in
CA-G.R. SP No. 105079 setting aside the February 29, 2008 decision[4] and the June 10,
2008 resolution[5] of the National Labor Relations Commission (NLRC) in NLRC NCR Case
No. OFW (M) 03-07-1666-00, NLRC NCR CA No. 043223-05. The reversed NLRC decision
affirmed the December 29, 2004 decision[6] of the Labor Arbiter (LA) dismissing the
complaint filed by respondent Armando S. Cabanban against Philippine Transmarine
Carriers, Inc. (PTCI), later on substituted by petitioner Philman Marine Agency, Inc.
(Philman), Carlos Salinas and petitioner DOHLE (IOM) Limited (DOHLE).
The Factual Antecedents
On September 15, 2002, Armando entered into a nine-month contract of employment[7]
with DOHLE, through its local agent PTCI. He was assigned to work as a 2nd mate on board
the vessel “INGA-S.” His basic monthly salary was US$966.00 on a 48-hour workweek, with
a fixed overtime pay of US$581.00 a month and vacation leave pay of US$161.00 for five
days per month.
On September 9, 2002, Armando underwent the requisite pre-employment medical
examination (PEME) at PTCI’s accredited medical clinic,[8] which found him fit for sea
service.[9] During his medical examination, he declared that he had no history of high
blood pressure and heart trouble, and had not previously consulted any doctor relative to
any disease.[10] Armando was deployed on October 14, 2002.
On February 9, 2003, while on board the vessel “INGA-S,” Armando felt dizzy and
complained of chest pain. He was immediately brought to the Fujairah Port Clinic, UAE, and
was admitted to the Coronary Care Unit after an initial diagnosis of “Unstable Angina.”[11]
On February 13, 2003, Armando was discharged from the hospital but was re-admitted
four days after due to recurrent angina at rest. On February 21, 2003, Dr. Mohamed Dipti
Ranjan, the Chief Medical Officer of Fujairah Port Clinic, UAE, stated in Armando’s medical
report that “[h]e is a known case of HT, on atenolol 50 mg od [for five years].”[12]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56107
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