4/9/2020
E-Library - Information At Your Fingertips: Printer Friendly
700 Phil. 1
SECOND DIVISION
[ G.R. No. 172086, December 03, 2012 ]
CAREER PHILIPPINES SHIPMANAGEMENT, INC. AND/OR
SAMPAGUITA MARAVE, AND SOCIETE ANONYME MONEGASQUE
ADMINISTRATIO MARITIME FT. AERIENNEMONACO, PETITIONERS,
VS. SALVADOR T. SERNA, RESPONDENT.
DECISION
BRION, J.:
Before the Court is a petition for review on certiorari[1] assailing the decision[2] and the
resolution[3] of the Court of Appeals (CA) in CA-G.R. SP. No. 91237. The CA rulings
affirmed the resolutions[4] of the National Labor Relations Commission (NLRC) in NLRC
NCR CA No. 036944-03 on the award of disability benefits to respondent Salvador T.
Serna. The NLRC resolutions in turn affirmed the labor arbiter’s decision in NLRC OFW
Case No. (M) 01-06-1064-00.[5]
Antecedent Facts
On October 20, 1998, Serna entered into a nine-month contract of employment with
petitioners Career Philippines Shipmanagement, Inc. (Career Phils.) and Societe
Anonyme Monegasque Administratio Maritime Ft. Aeriennemonaco (Aeriennemonaco).
He was employed as a bosun for M/V Hyde Park, a chemical tanker, with a basic
monthly salary of US$642.00. Serna was pronounced fit to work after the required preemployment medical examination, and boarded the vessel on October 25, 1998.
Serna had worked for Career Phils. and its foreign principals since 1989, and he had
always been hired to board chemical tankers. This was his third consecutive contract
with Aeriennemonaco whose tankers transport chemicals such as methanol, phenol,
ethanol, benzene, and caustic soda.
While on board M/V Hyde Park, Serna experienced weakness and shortness of breath.
He lost much weight. On several occasions, he requested for medical attention, but his
immediate superior, Captain Jyong, denied his requests since the tanker had a busy
schedule.
Serna had no choice but to wait for his contract to finish on July 12, 1999. On July 14,
1999, upon his repatriation, he reported to the office of Career Phils. to communicate
his physical complaints and to seek medical assistance. He was told that he would be
referred to company-designated physicians.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55380
1/13