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814 Phil. 820
SECOND DIVISION
[ G.R. No. 212098, July 26, 2017 ]
JULIO C. ESPERE, PETITIONER, V. NFD INTERNATIONAL MANNING
AGENTS, INC./TARGET SHIP MANAGEMENT PTE LTD./CYNTHIA
SANCHEZ, RESPONDENTS. D E C I S I O N
PERALTA, J.:
Before the Court is a petition for review on certiorari under Rule 45 of the Rules of
Court assailing the Decision[1] and Resolution[2] of the Court of Appeals (CA), dated
November 13, 2013 and April 3, 2014, respectively, in CA-G.R. SP No. 130210. The
questioned CA Decision annulled and set aside the February 28, 2013 Decision and
March 27, 2013 Resolution of the National Labor Relations Commission (NLRC) which
reversed the November 5, 2012 Decision of the Labor Arbiter (LA). The Decision of the
LA, in turn, dismissed herein petitioner's complaint for recovery of permanent total
disability compensation as well as attorney's fees and damages.
The pertinent factual and procedural antecedents of the case are as follow:
On June 21, 2011, petitioner Julio C. Espere was hired as a Bosun by respondent NFD
International Manning Agents, Inc. (NFD) for and in behalf of its foreign principal Target
Ship Management Pte Ltd. on board the vessel M. V. Kalpana Prem, for a period of nine
(9) months, with a basic monthly salary of US$730.00.[3] Prior to his employment and
embarkation, petitioner underwent a Pre-Employment Medical Examination where he
was pronounced "Fit For Sea Duty."[4]
Around five (5) months into his deployment, petitioner complained that he was feeling
dizzy, had body malaise and chills. He was then referred to a clinic in Vancouver,
Canada, where the physician who examined him found that he was suffering from
"uncontrolled hypertension", "malaise NYD", and "psychosomatic illness". He was also
declared unfit for duty and was repatriated back to the Philippines.[5]
Upon his return, petitioner was examined at the Marine Medical Services of the
Metropolitan Medical Center by the company-designated physicians. In the case report
prepared by Dr. Frances Hao-Quan (Dr. Hao-Quan), Asst. Medical Coordinator, which
was noted by Dr. Roberto D. Lim (Dr. Lim), Medical Coordinator, of Marine Medical
Services, dated December 23, 2011, it was stated that petitioner was suffering from
hypertension. Pie was given medication for his condition and advised to come back for
re-evaluation on December 26, 2011.[6]
On the said date, petitioner came back as directed. In the follow-up report[7] of Dr.
Hao-Quan, which was also noted by Dr. Lim, she noted that petitioner is already under
the care of a cardiologist. She likewise stated that petitioner's blood pressure is
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