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As to petitioner's argument that, since he was found fit for work in his Pre-Employment
Medical Examination[56] (PEME) prior to his deployment, there can be no other
conclusion than that his employment with respondents was the primary cause of his
illness, this Court has ruled that the PEME is not exploratory and does not allow the
employer to discover any and all pre-existing medical conditions with which the
seafarer is suffering and for which he may be presently taking medication.[57] The
PEME is nothing more than a summary examination of the seafarer's physiological
condition; it merely determines whether one is "fit to work" at sea or "fit for sea
service" and it does not state the real state of health of an applicant.[58] The "fit to
work" declaration in the PEME cannot be a conclusive proof to show that he was free
from any ailment prior to his deployment.[59]
On the basis of the foregoing discussions, since petitioner's illness has not been proven
to be work-related or work-aggravated, this Court need not delve on petitioner's
remaining assignment of errors.
Finally, in view of respondents' prior satisfaction of the writ of execution issued by the
LA while the case was pending with the CA, coupled with petitioner's admission that he
"had already received the full judgment award of this case,"[60] the latter, having been
proven not entitled to such an award, should, thus, return the same to respondents.
This is in consonance with Section 18, Rule XI of the 2011 NLRC Rules of Procedure, as
amended by En Bane Resolution Nos. 11-12, Series of 2012 and 05-14, Series of 2014,
which provides:
RESTITUTION. - Where the executed judgment is totally or partially
reversed or annulled by the Court of Appeals or the Supreme Court with
finality and restitution is so ordered, the Labor Arbiter shall, on motion,
issue such order of restitution of the executed award, except reinstatement
wages paid pending appeal.
WHEREFORE, the instant petition is DENIED. The Decision and Resolution of the
Court of Appeals, dated November 13, 2013 and April 3, 2014, respectively, in CA-G.R.
SP No. 130210, are AFFIRMED. Petitioner Julio C. Espere is hereby DIRECTED TO
RESTITUTE to respondents the full amount which he received by reason of the Writ of
Execution issued by the Labor Arbiter, dated July 30, 2013.
SO ORDERED.
Carpio, (Chairperson), Mendoza, Leonen, and Martires, JJ., concur.
[1] Penned by Associate Justice Marlene B. Gonzales-Sison, with the concurrence of
Associate Justices Amy C. Lazaro-Javier and Edwin D. Sorongon, Annex "A" to Petition;
rollo, pp. 45-57.
[2] Annex "B" to Petition, id. at 58-60,.
[3] CA rollo, p. 84.
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