SYLLABI/SYNOPSIS
SECOND DIVISION
[G.R. No. 124927. May 18, 1999]
MORE MARITIME AGENCIES, INC., OCEAN BULK MARITIME, and ALPHA
INSURANCE & SURETY CO., INC., petitioners, vs. NATIONAL LABOR RELATIONS
COMMISSION and SERGIO F. HOMICILLADA, respondents.
DECISION
BELLOSILLO, J.:
MORE MARITIME AGENCIES, INC., Ocean Bulk Maritime, and Alpha Insurance and Surety
Co., Inc., in this petition for certiorari, seek to reverse and set aside the decision of the National
Labor Relations Commission (NLRC) dated 21 February 1996i[1] affirming with modification
the decision of the Philippine Overseas Employment Agency (POEA) dated 7 September 1995
which ordered petitioners to pay private respondent Sergio F. Homicillada disability and medical
benefits in the increased amount of US$7,465.00.ii[2]
On 17 January 1994 private respondent Sergio Homicillada entered into an overseas employment
contract with petitioner More Maritime Agencies, Inc., (MORE MARITIME), then acting as
local agent of its principal, its herein co-petitioner Ocean Bulk Maritime (OCEAN BULK), a
foreign corporation organized under the laws of Greece. The contract stipulated that Homicillada
was to be employed as oiler on board the vessel MV Rhine with a basic monthly salary of
US$287.00 plus allowance of US$76.00 per month, open overtime and vacation pay for a period
of nine (9) months.iii[3] On 5 February 1994, pursuant to their employment contract, Homicillada
boarded the vessel MV Rhine at Port Sete, France.
On 18 March 1994, while the MV Rhine was anchored at a port in Brazil, respondent
Homicillada was directed to open and clean the main engine as well as the first and second
cylinders of the air trunk.iv[4] To accomplish this, Homicillada had to enter a manhole, an
entrance that was accessible only in a crouching position, and had to carry a weighty 20-liter
canister in order to collect the carbon, mud and oil deposited inside the cylinders and bring them
out for proper disposal.
After working for four (4) consecutive days, Homicillada started experiencing pain on his left leg
transcending upward to his waist and lower back. His left foot swelled. Due to the excruciating
pain, he decided to inform his Chief Engineer who insisted however that he continue with his
work. He was given only a salonpas plaster to relieve his pain.
On 29 March 1994 Homicilladas condition worsened. He finally told his ship Captain who
forthwith had him examined by their ship doctor. In his medical report the doctor certified that
Homicillada was not fit for work for five (5) days. But that notwithstanding, the ship Captain still
required him to work. He was never given any rest from work. After the vessel sailed out of
Brazil, the pain intensified and became unbearable.