2009 Resolution,3[3] in CA-G.R. SP No. 104343, reversing the March 25, 2008 Decision4[4] and April 30, 2008 Resolution 5[5] of the National Labor Relations Commission (NLRC) which affirmed the decision of the Labor Arbiter (LA) favoring the petitioner.   THE FACTS:   In November 2005, petitioner was hired by respondent Tara Trading Shipmanagement, Inc. (Tara), in behalf of its foreign principal, respondent Shinline SDN BHD (Shinline) to work as an Oiler on board MV “Thailine 5” 6[6] with a monthly salary of US$409.00.   Sometime in April 2006, petitioner began exhibiting signs of mental instability. He was repatriated on May 24, 2006 for further medical evaluation and management.7[7]   3[3] Id. at 46-47. 4[4] CA rollo, pp. 54-62. 5[5] Id. at 51-52. 6[6] Rollo, p. 23. 7[7] Id.