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715 Phil. 299
SECOND DIVISION
[ G.R. No. 206505, July 24, 2013 ]
JEREME G. VILLANUEVA, SR., PETITIONER, VS. BALIWAG
NAVIGATION, INC., VICTORIA VDA. DE TENGCO AND UNITRA
MARITIME CO., LTD., RESPONDENT.
RESOLUTION
BRION, J.:
Before the Court is a petition for review on certiorari,[1] filed pursuant to Rule 45 of the
Rules of Court, assailing the Decision[2] dated December 10, 2012 and the
Resolution[3] dated March 20, 2013 of the Court of Appeals (CA) in CA-G.R. SP No.
114521.
The case arose on February 15, 2006 when petitioner Jereme Villanueva, Sr. filed a
complaint for permanent total disability benefits, medical reimbursement, sickness
allowance, damages and attorney’s fees against respondents Baliwag Navigation, Inc.
(agency), its President Victoria Vda. de Tengco and its principal Unitra Maritime Co.,
Ltd.
On May 13, 2003, Villanueva entered into a ten-month employment contract with the
respondents as bosun for the vessel M/S Forestal Gaia. After his pre-employment
medical examination (PEME) on July 28, 2003, he was declared fit to work, although
the PEME report indicated that he had a heart disease. Villanueva joined the vessel M/S
Forestal Gaia on August 17, 2003. Villanueva alleged that while in the performance of
his duties on board the vessel one day, he suddenly felt pain in his chest and
experienced difficulty in breathing. He asked for medical assistance but was given only
oral medication to alleviate the pain. He was repatriated on June 24, 2004 upon
the expiration of his contract.
On Villanueva’s return to the Philippines, he allegedly reported to the agency and asked
for a medical check-up, but was only referred to the Centerpoint Medical Services
(Centerpoint) after several follow-ups. Centerpoint traced his medical history showing
that he had a heart disease and declared him unfit to work. The declaration prompted
him to ask for sickness allowance and disability benefits from the respondents but his
requests were all denied.
At this point, he sought a second opinion from an internist-cardiologist who confirmed
that he had a heart disease and declared him unfit for sea duty; he was given a Grade
1 disability rating. On this basis, he filed a formal claim for disability benefits against
the respondents.
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