THIRD DIVISION
[G. R. No. 144439. October 24, 2003]
SOUTHEAST
ASIA
SHIPPING
CORPORATION, petitioner,
vs. SEAGULL
MARITIME
CORP.
and
COURT
OF
APPEALS, respondents.
DECISION
CARPIO-MORALES, J.:
From the decision of the Court of Appeals1 in CA-G.R. CV No. 41307, Seagull
Marine Corporation v. Southeast Asia Shipping Corporation, affirming that of the
Regional Trial Court (RTC) of Manila, Branch 51,2 rendering judgment in favor of the
plaintiff against the defendant-herein petitioner, the latter comes to this Court on a
petition for review on certiorari.
On November 2, 1982, Philimare Shipping and Equipment Supply (PHILIMARE
SHIPPING), manning agent in the Philippines of Navales Shipmanagement and Marine
Consulting Pte, Ltd. of Singapore (NAVALES) which was acting for and on behalf of
Turtle Bay Shipping Pte. Ltd. of Singapore, (TURTLE BAY SHIPPING), hired Nerry
Balatongan to work aboard the vessel Santa Cruz, later renamed Turtle Bay.
A supplementary contract was later forged on December 6, 1982 which obliged the
employer of Balatongan to insure him against death or permanent invalidity caused by
accident on board the vessel.
By a Crewing Agreement3 dated September 21, 1983, NAVALES, acting for and in
behalf of TURTLE BAY SHIPPING, Oyster Bay Shipping Co. Pte Ltd.
of Singapore (OYSTER
BAY
SHIPPING),
and
Koala
Shipping
Inc., Monrovia (KOALA SHIPPING),
appointed
respondent
Seagull
Maritime
Corporation (SEAGULL) as its manning agent in the Philippines. SEAGULL assumed
full responsibility for all seamen deployed by PHILIMARE SHIPPING.
On October 6, 1983, Balatongan who, as earlier stated, was deployed by
PHILIMARE SHIPPING on November 2, 1982, met an accident in the Suez
Canal in Egypt. He was treated in a hospital in Egypt and was thereafter repatriated to
the Philippines.
On August 19, 1985, Balatongan was found to have been permanently disabled,
drawing him to demand payment for total disability insurance in the sum of
US$50,000.00. His claim was denied, however, as it was time-barred, he having failed
to file it within the designated period for the purpose.