Ventnor Navigation, Inc. (Ventnor); and issued the writ of certiorari, thereby,
annulling and setting aside theResolution[4] dated 28 April 2005
and Resolution[5] dated 30 June 2005 of the National Labor Relations
Commission (NLRC), and ordering the latter to dismiss NLRC CA No. 04105304 [NLRC-NCR OFW Case No. (M)03-10-2649-00] entitled Marciano
Masangcay vs. Trans-Global Maritime Agency, Inc., and/or Michael Estaniel
and Ventnor Navigation, Inc.
The factual antecedents of the present petition are:
Ventnor is a foreign company based in Liberia and engaged in maritime
commerce. It is represented in the Philippines by its manning agent, and corespondent herein, Trans-Global, a corporation organized and existing under
Philippine laws.
On 2 September 2002, petitioner Marciano Masangcay (Masangcay) was
hired by Ventnor, through its manning agent, Trans-Global, as an oiler on M/T
Eastern Jewel, an oil tanker. His employment was to run for a period of seven
(7) months; and he was to receive, inter alia, a basic monthly salary of
US$445.00.[6]
Twenty-one days later, or on 23 September 2002, while on board M/T
Eastern Jewel, Masangcay noticed a reddish discoloration of his urine upon
micturation (urination). This happened several times and later became
associated with bouts of left lower abdominal pain radiating to the loin area.[7]
Docking at the nearest port, on 4 October 2002, Masangcay was brought
to the Fujairah Hospital, Fujairah, United Arab Emirates, because of lower
abdominal pain and left loin pain of ten (10) days duration with difficulty in
urinating.[8] The attending physician at said hospital diagnosed him to be
suffering from renal failure due to multiple renal stones on the left kidney with
bilateral hydronephrosis with dilation of ureters and pelvicalyceal system. [L]eft
nephrostomy or better removal of the right pelvi-ureteric calculus[9] was the
recommended treatment but Masangcay refused surgical intervention and
insisted on being repatriated back to the Philippines instead.
Upon his arrival in Manila on 7 October 2002, Masangcay was
immediately referred to Trans-Globals designated physician, Dr. Mary Ann D.