6/30/2021
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SECOND DIVISION
[ G.R. No. 233071, September 02, 2020 ]
MAGSAYSAY MARITIME CORP. AND KEYMAX MARITIME CO., LTD.,
PETITIONERS, VS. JOSE ELIZALDE B. ZANORIA, RESPONDENT.
DECISION
INTING, J.:
This is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court which
seeks to reverse and set aside the Decision[2] dated March 7, 2017 and the
Resolution[3] dated July 25, 2017 of the Court of Appeals (CA) in CA-G.R. SP No.
146585 which affirmed with modification the Decision dated February 19, 2016 of the
National Conciliation and Mediation Board (NCMB) Panel of Voluntary Arbitrators in
MVA-091-RCMB-NCR-071-02-07-2015.
The Antecedents
On March 21, 2013, Keymax Maritime Co., Ltd, (petitioner Keymax), through its local
agency, Magsaysay Maritime Corp. (petitioner Magsaysay) (collectively, petitioners),
hired Jose Elizalde B. Zanoria (respondent) as Chief Mate or Chief Officer on board the
vessel Brilliant Sky[4] with a basic monthly salary of US$1,427.00/month.[5]
As Chief Mate or Chief Officer, respondent was responsible for overseeing the safety
and security of the ship, crew, passengers, and cargo. He was responsible for the
loading and unloading of the cargo, as well as, its safe stowage. He acted as a
"watchstander," who took responsibility of what was called the "4-8 watch"—watching
from a suitable vantage point for four hours at a time from 4 a.m. to 8 a.m. and then
12 hours again later to ensure that the ship is compliant with the regulations and
conventions governing safety, and with the regulations governing pollution. In other
words, respondent was not only responsible for keeping the ship safe from attack or
damage, but also to ensure that it would not fall below the standards set by the
regulatory bodies.[6]
Respondent faithfully and religiously performed his job. However, while working on
board the vessel, he had a blurring vision of the right eye.[7]
On March 27, 2014, in Georgia, Atlanta, USA, where the vessel was at port, Dr.
Markesh Manocha checked on respondent and found the latter to be suffering from
macular hole OD, traumatic cataract OD, and chorioretinal scars OD.
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