3/31/2021
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FIRST DIVISION
[ G.R. No. 239793, January 27, 2020 ]
MULTINATIONAL SHIP MANAGEMENT, INC./SINGA SHIP
AGENCIES, PTE. LTD., AND ALVIN HITEROZA, PETITIONERS, LOLET
B. BRIONES, RESPONDENT.
DECISION
PERALTA, C.J.:
This Petition for Review under Rule 45 of the Rules of Court seeks to annul the
Decision[1] dated January 12, 2018 of the Court of Appeals (CA) in CA-G.R. SP No.
151642, which nullified, except with respect to the award of sickness allowance in
respondent's favor, the Decision[2] dated March 8, 2017 and the Resolution[3] dated
May 15, 2017 of the National Labor Relations Commission (2nd Division) (NLRC) that
reversed and set aside the Labor Arbiter's Decision[4] dated November 23, 2016, and
dismissed the respondent's complaint for total and permanent disability, unpaid
sickness allowance, damages and attorney's fees. Likewise assailed in this petition is
the Court of Appeals' Resolution[5] dated May 30, 2018, which denied petitioners'
Motion for Reconsideration.
Petitioner Multinational Ship Management Inc. (MSMI) is a corporation duly established
and existing under the laws of the Philippines and duly licensed to do business as a
manning agency with petitioner Alvin Hiteroza (Hiteroza) as its President/General
Manager. Petitioner Singa Ship Agencies PTE. LTD. is petitioner MSMI's foreign principal
for the vessel M/V Viking Mimir. On March 25, 2015, MSMI and respondent Lolet
Briones (Briones) entered into an employment contract whereby the latter was hired as
Cabin Stewardess in the vessel Viking Mimir for a period of eight (8) months with a
basic salary of US$980.00. The employment contract incorporated the POEA's
"Standard Terms and Conditions Governing the Employment of Filipino Seafarers OnBoard Ocean-Going Vessels."[6]
After undergoing a series of medical tests or routine Pre-Employment Medical
Examination (PEME), Briones was declared fit for duty. Thereafter, she boarded her
vessel of assignment and commenced her work as Cabin Stewardess on May 15, 2015.
[7]
While on board the vessel and in the course of her tour of duty, Briones experienced
back pains. She alleged that on July 17, 2015, she assisted in the unloading of luggage
of departing passengers and in retrieving boxes of mattresses and bedsheets from the
laundry section to the state rooms. She felt pain in her back while in the middle of
replacing the mattresses. When the pain did not subside the following day, she went to
see the ship's doctor and was given pain relievers. She was allowed to continue her
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