G.R. No. 185352 - COASTAL SAFEWAY MARINE SERVICES INC., VS. ELMER T. ESGUERRA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the petition is granted. The Resolutions dated June 30, 2004 and September 30, 2004 of public respondent NLRC are set aside. Accordingly, private respondents [Coastal Safeway Marine Services, Inc., Benedicto C. Morcilla and Canada and Middle East General Trading] are ordered to pay petitioner [Elmer T. Esguerra], jointly and solidarily, his sickness allowance of US$3,200.00 and disability benefits of US$20,900.00 which may be paid in Philippine Currency equivalent to the exchange rate prevailing during the time of payment. SO ORDERED . [2] The Facts A seafarer since 1991, respondent Elmer T. Esguerra (Esguerra) applied for placement with petitioner Coastal Safeway Marine Services, Inc. (CSMSI) sometime in 2003. Found fit for work during the pre-employment medical examination conducted by the company-designated physician, [3] Esguerra was hired by the CSMSI as Third Mate for the M/V Mr. Nelson, an ocean-going vessel under the flag of the United Arab Emirates (UAE) owned by its foreign principal, Canada & Middle East General Trading (CMEGT). Subject to the provisions of the POEA-SEC, the contract of employment executed by the parties on 9 May 2003 provided a term of one (1) year and a basic monthly salary of US$800.00 for a 48-hour work-week, with provisions for overtime pay and vacation leave with pay. [4] Rather than the aforesaid vessel, however, it appears that, on 13 May 2003, Esguerra, as Second Officer, eventually boarded the vessel M/V Gondwana which was likewise manned by CSMSI on behalf of Nabeel Shipmanagement Ltd. Fze. (NSLF). [5] On 28 June 2003 or after forty six (46) days of shipboard employment, Esguerra requested medical attention for back and chest pains while M/V Gondwana was docked at Port Jebel Ali, UAE. Examined on 5 July 2003 at the Jebel Ali Medical Centre, Esguerra was declared "not fit for work until complete cardiac evaluation is done" and "advised to rest until then" by Dr. Zarga S. Tulmar. [6] Despite the normal results of the serology, hematology, biochemistry and x-ray tests administered upon him, [7] however, Esguerra insisted on going home on the ground that he had been rendered unfit for work. Alleging that he had yet to receive his salary for June 2003 and that his employer was making him shoulder his repatriation expenses as a consequence of his failure to finish his contract, Esguerra also sought assistance from the Jebel Ali police/coastguard regarding his predicament. [8] Subsequent to his arrival in the Philippines on 7 July 2003, Esguerra went to the Philippine Heart Center (PHC), the Philippine Orthopedic Hospital (POH) and the Philippine General Hospital (PGH) for medical evaluation and treatment. Having consulted with Dr. Efren R. Vicaldo, a Doctor of Internal Medicine and Cardiology at the PHC as well as Dr. Rimando C. Saguin, an Orthopedic Surgeon at the POH, Esguerra further underwent diagnostic tests and was prescribed various medications at the PGH for "chronic stable angina." [9] On 16 J