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6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly [61] Masangcay v. Trans-Global Maritime Agency, Inc., 590 PHIL 611-633 (2008). [62] NYK-Fil Ship Management Inc. v. National Labor Relations Commission, 534 PHIL 725-740 (2006). [63] Inter-Orient Maritime, Inc. v. Candava, G.R. No. 201251, 26 June 2013. [64] Quizora v. Denholm Crew Management (Philippines), Inc., 676 PHIL 313-329 (2011); Francisco v. Bahia Shipping Services, Inc., 650 PHIL 200-207 (2010). [65] Rollo (G.R. No. 184917), p. 40. [66] Id. at 27-28. [67] Id. at 2218-219. [68] Id. at 25-28. [69] Id. at 210. [70] Id. at 25-32. [71] Id. at 462. [72] G.R. No. 200566, 17 September 2014. [73] Rollo (G.R. No. 184917), pp. 88-89. [74] Id. at 130. [75] Id. at 89. [76] Id. at 119-128. [77] Id. at 615. [78] Varorient Shipping Co., Inc. v. Flores, 646 PHIL 570-587 (2010). [79] German Marine Agencies, Inc. v. National Labor Relations Commission, G.R. No. 142049, [January 30, 2001], 403 PHIL 572-597 [80] ARTICLE 2231. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence (Civil Code of the Philippines, REPUBLIC ACT NO. 386, [June 18, 1949]) [81] German Marine Agencies, Inc. v. National Labor Relations Commission, G.R. No. 142049, [January 30, 2001], 403 PHIL 572-597 [82] In this particular case, attorney's fees are imposable for instances because exemplary damages are awarded, the defendant's act or omission has compelled the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62954 12/13

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Jessie M. Doroteo (Deceased), represented by his sister, Lucida D. Hermis vs. Philimare Incorporated, Bonifacio Gomez, and/or Fil Cargo Shipping Corp./Philimare Incorporated, Bonifacio Gomez, and/or Fil Cargo Shipping Corp. vs. Jessie M. Doroteo (Deceased)

Jurisprudence

Case number: G.R. No. 184917

Division: PH Supreme Court First Division

Date of decision: Mar 13, 2017

Year of decision: 2017

Nature of the case: LIABILITIES OF THE EMPLOYER WHEN THE SEAFARER SUFFERS INJURY OR ILLNESS DURING THE TERM OF HIS/HER CONTRACT

MRO Case Type

Appeal to the NLRC
Award of moral and exemplary damages and attorney’s fees
Claim of compensation and benefits
Disabilities
Joint and solidary liability of agency and employer
Liabilities of the employer when the seafarer suffers injury or illness during the term of his/her contract
Requirements for compensability

Summary of outcome: The Court found no correlation between the throat cancer which the deceased seafarer, Doroteo, had acquired and his working conditions. Based on the evidence presented, the Court could not reasonably conclude that his work as an engineer in the engine room led to his throat cancer. As such, the Court denied his claim for disability.

Nevertheless, the Court found that Philimare failed to rebut Doroteo's allegation that on several instances, he was refused medical attention by the ship master. Philimare did not extend any help to its dying seaman while he was under its employ, and prior to his death. The Court declared this to be a case of gross negligence, tantamount to bad faith. Philimare violated the provisions of the Labor Code, as well as the Civil Code provisions on the exercise of rights in good faith. Hence, the Court awarded moral and exemplary damages in favor of Doroteo's heirs.

Observatory: Migrant Workers Rights

Affected Sector

Contractual Employee
Migrant Worker / Former Migrant Worker

Keywords

Right to social justice and human rights

Ponente: SERENO, CJ.

Notes: On several instances, the deceased was refused medical attention by the ship master. These happened upon their arrival at the Caribbean (where he requested for a medical check-up at the hospital but was refused by the ship master) and Denmark (where his request for medicine was denied due to a lack of antibiotics). Upon repatriation, the company physician had also asked him to pay the sum of P200,000.00, prior to rendering treatment, showing disregard of his conditions.

Geolocation 1

Latitude: 14.580419

Longitude: 120.981478

: Geolocation 1

Primary Documents

2017_G.R. No. 184917_March.pdf
English
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Commission on Human Rights

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Jessie M. Doroteo (Deceased), represented by his sister, Lucida D. Hermis vs. Philimare Incorporated, Bonifacio Gomez, and/or Fil Cargo Shipping Corp./Philimare Incorporated, Bonifacio Gomez, and/or Fil Cargo Shipping Corp. vs. Jessie M. Doroteo (Deceased)

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