6/7/2020
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when he signed the Conditional Satisfaction of Judgment. To renege thereon
constitutes bad faith.
From the foregoing disquisition, it is clear that the present action is not yet
moot and academic.
xxxx
There is no question that private respondent was able to finish his contract
with petitioners without any incident, notwithstanding the fact that private
respondent was already suffering from hypertension and diabetes mellitus
prior to boarding the latter's vessel. x x x
xxxx
On the other band, this Court disagrees with the NLRC's finding that private
respondent's work aggravated his condition. As aptly noted by the Labor
Arbiter, private respondent was able to finish his contract without any
incident. x x x
xxxx
Likewise, the Court disagrees with the NLRC's pronouncement that
petitioners had a change of heart anent private respondent's postemployment medical examination when they directed the latter to undergo
medical examination by the company doctor on March 22, 2010 because the
said examination is preparatory to the signing of a new contract. x x x
Indeed, it cannot be concluded that private respondent's condition was
aggravated after the expiration of his previous contract, considering that he
was still willing to enter into a new contract for deployment on board one of
petitioners' vessels. In fact, private respondent indicated in his Exit
Interview dated December 21, 2009 that the condition of the ship, its safety
level as well as the food, was good and that he actually showed willingness
to rejoin the vessel.
Accordingly, this Court finds no basis for the NLRC to declare that private
respondent's work aggravated his condition. Certainly, there is also no basis
for the NLRC to observe that the dietary provisions on board the ship
likewise aggravated private respondent's condition, considering that the
latter, as chief cook, prepared the food himself, which he rated as good.
In a plethora of cases, the Supreme Court has ruled that grave abuse of
discretion may arise when a lower court or tribunal violates or contravenes
the Constitution, the law or existing jurisprudence. By grave abuse of
discretion is meant such capricious and whimsical exercise of judgment as is
equivalent to lack of jurisdiction.
In fine, We hold that the NLRC committed grave abuse of discretion in
rendering/issuing its said Decision and Resolution.
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