history, specifically as to whether he was suffering from or had been told that he
had any disease or ailment, including stomach pain or ulcer, De Jesus answered in
the negative. After the examination, he was reported fit for work.[3]
De Jesus was then hired as 4th Engineer by POMI, for and in behalf of its
principal Celtic Pacific Ship Management Ltd. (Celtic), on board the ocean-going
vessel M/V Author on March 26, 1997. The employment contract[4] stipulated that
he would work for a period of nine (9) months with a monthly salary of US$824.00
and a fixed overtime rate of US$459.00. De Jesus also signed the Standard
Employment Contract Addendum,[5] barring alcohol, drugs, and any medication on
board without written permission from the master of the vessel. The use of drugs
not prescribed by a medical doctor on board or ashore was prohibited and
considered a fundamental breach of the contract of employment. It was also
provided that any prescribed drug should be kept at the vessels hospital, and used
only with the approval and supervision of the captain. Any seafarer taking any
medication prescribed by a medical doctor was further required to inform the
company master manning agent or drug and alcohol test collector of this fact.
De Jesus departed from the Philippines on March 28, 1997 and embarked on
M/V Author the following day. Early in his stint on board M/V Author, De Jesus
experienced stomach pains, which became unbearable during the second month of
his stay, especially when his captain required him to work even during meal hours.
His condition worsened and he severely lost weight. Thus, when the ship docked
in Hamburg, Germany, De Jesus requested for medical treatment. The ship captain
referred him to Dr. Jan-Gerd H. Hagelstein. De Jesus was diagnosed to be
suffering from relapse of gastric ulcer and was advised to sign off for thorough
diagnostic examination and treatment. He was declared fit for repatriation.[6]
De Jesus was repatriated to the Philippines on June 19, 1997. Upon his
arrival, he went to POMI and requested financial assistance and medical treatment
for his illness. POMI, however, refused. De Jesus was constrained to seek medical
treatment from Bataan Doctors Hospital at his own expense. He sought