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SECOND DIVISION
[ G.R. No. 217135, January 31, 2018 ]
MANILA SHIPMANAGEMENT & MANNING, INC., AND/OR
HELLESPONT HAMMONIA GMBH & CO. KG AND/OR AZUCENA C.
DETERA, PETITIONERS, VS. RAMON T. ANINANG, RESPONDENT.
DECISION
REYES, JR., J:
The failure of a seafarer to submit himself/herself to a post-employment medical
examination by a company-designated physician within three working days upon his
return to the Philippines shall result in the forfeiture of his/her right to claim disability
benefits.
The Case
Challenged before this Court via this Petition for Review on Certiorari under Rule 45 of
the Rules of Court is the Decision[1] of the Court of Appeals (CA) promulgated on
October 29, 2014, which reversed and set aside the Decision[2] and Resolution[3] dated
June 10, 2013 and August 30, 2013, respectively, of the National Labor Relations
Commission (NLRC). Likewise challenged is the subsequent Resolution[4] of the CA
promulgated on February 24, 2015, which upheld the earlier decision.
The Antecedent Facts
As borne by the records, the following are the undisputed facts:
The respondent is a Filipino seafarer, who signed a Contract of Employment[5] as Chief
Engineer with HELLESPONT HAMMONIA GMBH & CO. KG (petitioner), through its
manning agent in the Philippines, petitioner MANILA SHIPMANAGEMENT & MANNING,
INC. The duration of the contract was for six (6) months, with a basic monthly salary of
US$2,435.00, and an owner bonus of US$4,600.00. The contract specified a 40-hour
work week with subsistence allowance amounting to US$152.00, leave pay of
US$649.00, and fixed overtime pay per month of US$1,464.00.[6]
On June 26, 2010, the respondent commenced his duties and departed the Philippines
on board "MT HELLESPONT CREATION." Sometime thereafter, and while still aboard the
vessel, the respondent experienced chest pain and shortness of breath. As found by the
CA, the respondent requested for early repatriation from the master of the vessel, but
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