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FIRST DIVISION
[ G.R. No. 210955, August 14, 2019 ]
DANILO A. LERONA, PETITIONER, VS. SEA POWER SHIPPING
ENTERPRISES, INC. AND/OR NEDA MARITIME AGENCY CO., LTD.,
AND/OR MS. ANTONETTE A. GUERRERO, RESPONDENTS.
DECISION
JARDELEZA, J.:
We deny the seafarer's claim for disability benefits due to fraudulent misrepresentation
and medical abandonment, as provided under the 2000 Philippine Overseas
Employment Administration Standard Terms and Conditions Governing the Employment
of Filipino Seafarers on Board Ocean-Going Vessels (2000 POEA-SEC).
On February 27, 2009, respondent Sea Power Shipping Enterprises, Inc. employed
petitioner Danilo A. Lerona on behalf of respondent Neda Maritime Agency Co., Ltd. to
work as a fitter on board M/V Penelope (the vessel) with a monthly salary of
US$550.00. Petitioner's contract was for a period of three months, extendible for one
month upon mutual consent of the parties.[1] Prior to his deployment, petitioner
underwent pre-employment medical examination (PEME) where he was declared "FIT
TO WORK AS SEAMAN." He boarded the vessel on March 6, 2009.[2] On August 1,
2009, he felt severe chest pains and dizziness, which prompted him to request for a
medical checkup. He was brought to a hospital in China, but the doctor who examined
him did not prescribe any medication or recommend hospitalization or repatriation.[3]
Notwithstanding this, petitioner was repatriated to the Philippines on August 13, 2009.
He was confined at the De Los Santos Medical Center the following day, and examined
by respondents' team of accredited physicians.[4] In his initial medical report, Dr. Jose
Emmanuel F. Gonzales (Dr. Gonzales), respondents' company-designated physician,
stated that petitioner's chief complaint was body weakness. Petitioner disclosed that he
had been hypertensive and is taking Norvasc tablet for two years. In consultation with
a cardiologist, Dr. Gonzales declared that petitioner might have Coronary Arterial
Disease for which pertinent laboratory and diagnostic examinations should be
conducted.[5]
Petitioner's laboratory tests showed that he had a high level of triglycerides, although
his electrocardiogram (ECG) tracing had no significant findings. The cardiologist
requested for petitioner to undergo Stress-Thallium Test to confirm the status and
function of his heart's blood vessels before he can be given medical clearance.[6] The
test revealed that petitioner has a mild reversible defect in the apical to basal inferior
wall of his heart's blood vessels. His blood pressure was also 130/80. Consequently, he
was given additional maintenance drugs on top of his previous oral anti-hypertensive
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