SECOND DIVISION
G.R. No. 250584, June 14, 2021
CHRISTOPHER C. CALERA, Petitioner, v. HOEGH FLEET SERVICES PHILIPPINES, INCORPORATED, Respondent.
D E C I S I O N
LAZARO-JAVIER, J.:
1) Decision1 dated July 12, 2019 holding that petitioner's illness was neither accident nor work-related; and 2) Resolution2 dated November 22, 2019 denying reconsideration.
Patient who consults because two weeks ago[,] he suffered a fall from his own weight while bathing, later[,] he [h]as generated lumbar pain and today[,] refers appearance of anal lesion and fever for 24 hours.But his condition did not improve. Consequently, he was medically repatriated on January 2, 2017 and arrived in the Philippines on January 4, 2017. He immediately reported to respondent's office the following day and was referred to Shiphealth, Inc. (Shiphealth) for evaluation. Shiphealth advised him to undergo medication and physical therapy which commenced on January 17, 2017. On April 15, 2017, respondent discontinued petitioner's physical therapy despite lack of any improvement on his condition.
During the medical examination, the doctor observes perianal abscess without signs of a systemic inflammatory response.
It was applied [sic] intravenous medication to relieve the pain and recommendations and warning signs are indicated.
It is important to take Antibiotic treatment, anti-inflammatory analgesics, baths with warm water and rest for 7 days.
Best regards,
Dr. Marlon de Avila
Medicos y Auditores
By letter11 dated July 5, 2017, he requested a conference with respondent to discuss his entitlement to disability benefits under the CBA in view of his untreated medical condition and failure to land gainful employment in an ocean-going vessel for more than 120 days from repatriation.MEDICAL EVALUATION REPORT
June 21, 2017
This is the case of Seaman Christopher C. Calera, 32 years old, male, single, Filipino, and presently residing at 2509 Magsaysay, Tubao, La Union with a chief complaint of low back pain.
Present condition apparently started on December 7, 2016 after he accidentally slipped in the shower room and landed on his buttocks. He experienced lower back pain with numbness. He was able to stand after more than a minute. While walking, he felt pain associated with numbness at the right lower back and lower extremity. He reported the incident to the Bosun who relayed it to the Chief Mate but no immediate response was given. He later joined fellow seafarers in loading baggage and heavy cans of grease. The pain intensity increased while carrying heavy object. On the next day, (December 8, 2016) he was unable to get up because of severe low back pain. He was advised to rest by the CM and given medications. He was brought to a hospital in Cartagena, Colombia for evaluation. He was diagnosed [with] mechanical lumbago and given pain reliever which afforded mil[d] relief. He was also declared unfit to work for 5 days and given pain medications. He went back for follow-up on December 13, 2016 since no improvement was noted. X-ray of the lumbosacral spine was done. Result showed muscle spasm. He was given steroid injection, oral pain medications and topical analgesic. He consulted again on December 20, 2016 still complaining of low back pain. On examination, he was noted to be febrile. Perianal abscess was noted. He was given antibiotics and oral medications for pain. He was advised to rest for 7 days. After 1 week, he returned to work and given light duties. He was eventually repatriated for further evaluation and management on January 2, 2017.
Upon arrival, he was referred at Shiphealth Clinic for evaluation, Xray, MRI of the lumbosacral spine, EMG-NCV[,] was done but results were unknown to patient. He was given oral medications and referred to rehabilitation department. He underwent physical therapy for 4 sessions. The treatment was later terminated by the company.
At present, Seaman Calera is still complaining of nagging pain on the lower back. Pain is very intense in the morning and with varying degrees of intensity during the whole day. Lower extremity numbness is experienced during prolonged standing and walking and relieved by rest.
On physical examination, no gross abnormality was noted. He was ambulatory with no limp. Tenderness was elicited at the lumbar area. Muscle spasm was noted at the lower paraspinal muscles. Trunk flexion was limited due to pain from the mid to lower back. SLR is equivocal due to hamstring muscles and Achilles tendon tightness. Low back pain is aggravated by Valsalva's maneuver (coughing and straining).
Seaman Calera is incapacitated due to persistent moderate lower back pain. The clinical manifestation is suggestive of a lumbar disc disease and confirmed by MRT by the presence of a posterior disc bulge. It is worthy to mention that Seaman Calera is asymptomatic and very active prior to the accident. The fall resulted in the development of a disc bulge which is causing the chronic low back pain. Due to this impediment, he is no longer capable of performing the tasks of an Ordinary Seaman. He cannot carry and lift heavy objects because of the high probability of progression of the condition. His capacity to work is greatly affected and reduced and is not physically fit to return to his previous job. He is unfit for sea duty in whatever capacity with a permanent disability since he can no longer perform his work which he is previously engaged in.Renato P. Runas, MD
License Nr: 53567
PTR Nr: 668960010
September 22, 2017Respondent disagreed to the above proposal and the referral to third doctor did not proceed. The grievance proceedings were terminated for the parties' failure to amicably settle. Meanwhile, the proceedings before the RCMB resumed.
ATTY. KRISTINE GAY M. CENGCA
Legal Counsel
HOEGH FLEET SERVICES PHILS., INC.
4677 Hoegh Building, Arellano St., Palanan,
Arellano Ave, Makati, Metro Manila, Philippines
Dear Atty. Cengca,
x x x for the purpose of referring the assessment to a third doctor, the following parameters are submitted in view of the conduct of the third doctor assessment, to wit:We would highly appreciate your response to this letter within five (5) days from receipt thereof so that we could proceed with the third doctor assessment under the above-mentioned parameters. Otherwise, the undersigned will regard the same as failure of the parties to agree on the third doctor assessment.
- That the referral shall not be construed as a waiver of any right or presumption of law already acquired by the complainant under established principles of law and labor code concept of disability;
- That the conduct of assessment of fitness or unfitness must be done in accordance with the DOH Revised Guidelines for Conducting Medical Fitness Examination for Seafarers;
- That the failure by the third doctor to strictly comply with the DOH Revised Guidelines shall render the third doctor assessment NULL and VOID;
- That the referral to a third doctor must be made within 15 days from the time of agreement to submit to a third doctor; and
- The seafarer suggests Dr. Jason Paul Santiago of the Philippine Orthopedic Center to be the one to conduct the assessment and that the expenses shall be solely borne by the Company.
Very truly yours,
Signed
Atty. Arvin C. Dolendo
Legal Counsel12
PT Basario noted no improvement on petitioner's condition in her July 11, 2018 Medical Report:chanroblesvirtualawlibrary
Name: Christopher C. Calera Date: April 2, 2018 Address: Tubao, La Union Age: 33 Diagnosis: Lumbar Spondylosis, Spinal Stenosis Frequency/Number of Treatment Sessions: 10 sessions Treatment Dates: 2017: June 30; July 25; Aug. 21; Sep 20; Oct 17 2018: Jan 5; Jan 12; Feb 10; Feb 16; March 20
x x x
II. PREVIOUS COMPLAINTLimitation of trunk movementIII. GOALS ACHIEVED
Crawling sensation, both LE
Dull aching pain, PS 7/10 to lower backEliminate crawling sensation to both LEIV. PRESENT PROBLEM LIST
Decreased dull aching pain to lower back PS 4/10Limitation of trunk movement esp during morningSigned
Lower back pain increases with lifting
Low back pain during squats
Maricar E. Basario, PTRP
Physical Therapist13
IV. PRESENT PROBLEM LISTHe never landed any gainful employment ever since he got repatriated.Limitation of trunk movement especially during morning still notedSigned
Lower back pain increases with lifting
Low back pain during squats
Residual dull aching pain at lower back at PS 4/10
Maricar E. Basario, PTRP
Physical Therapist14
On April 10, 2017, Shiphealth issued its interim23 grade 8 disability rating, viz.:chanroblesvirtualawlibrary
Medical Report No. Working Diagnosis Recommendations Medical Report No. 2 dated January 18, 2017 Lumbar Muscle Strain - For 6 sessions of physical therapy - 1st set
- Follow up consult with Orthopedic Spine Surgery service on January 30, 2017
- Follow up consult with Physiatry service after physiotherapy
- Medication as prescribed17 Medical Report No. 3 dated January 31, 2017 - t/c L4 Radiculopathy, right probably secondary to Herniated Nucleus Pulposus
- s/p 6 sessions of physical therapy (1st set) - For Plain MRI of Lumbosacral spine, at a cost of Php11,500.00 (FOR APPROVAL)
- For 6 sessions of physical therapy - 2nd set
- Follow up consult with Orthopedic Spine Surgery service on February 13, 2017 or earlier once with results
- Follow up consult with Physiatry service after physiotherapy
- Medications as prescribed18 Medical Report No. 4 dated February 14, 2017 - t/c Lateral Femoral Cutaneous Nerve Neuropathy, right
- s/p 2 sets of physical therapy (6 sessions each) - Estimated length of further treatment is 2-3 months.
- Conservative medical management with medications and rehabilitative therapy (2-4 sets of PT)19 Medical Report No. 5 dated March 7, 2017 - t/c Lateral Femoral Cutaneous Nerve Neuropathy, right
- s/p 3 sets of physical therapy (6 sessions each) - As needed intake of analgesics
- Follow up consult with Orthopedic Spine Surgery service on March 10, 2017
- Medications as prescribed20 Medical Report No. 6 dated March 16, 2017 - Sciatica Piriformis Syndrome vs Lateral Femoral Cutaneous Nerve Neuropathy, right
- s/p 3 sets of physical therapy (6 sessions each) - As needed intake of analgesics
- Relative rest
- Follow up consult with Orthopedic Spine Surgery service on March 20, 2017
- Medications as prescribed21 Medical Report No. 7 dated March 29, 2017 - Piriformis Syndrome, right with Sciatica
- s/p 3 sets of physical therapy (6 sessions each) - Medications prescribed: Keltican OD and Pregabalin 75 mg PRN
- For 6 sessions of physical therapy - 4th set
- Follow up consult with Orthopedic Spine Surgery service on April 12, 2017
- Medications as prescribed22
In its Final Medical Report28 dated June 13, 2017, Shiphealth found petitioner to be suffering from piriformis syndrome, right with sciatica but recommended four (4) sets of physical therapy (six [6] sessions each), thus:chanroblesvirtualawlibraryINTERIM DISABILITY GRADING
Mr. Calera is a 33-year-old male from La Union.
Working Diagnosis:
- Piriformis Syndrome, right with Sciatica
- s/p 3 sets of physical therapy (6 sessions each)
- s/p 4 out of 6 sessions of physical therapy - 4th set
IF NEEDED, the disability grading that closely corresponds to patient's present functional capacity, in accordance to the 2010 POEA Standard Employment Contract, Section 32 (Schedule of Disability or Impediment for Injuries Suffered and Diseases Including Occupational Disease or Illness Contracted), Chest-Trunk-Spine, moderate rigidity or two thirds (2/3) loss of motion or lifting power of the trunk, is a Grade 8 (EIGHT) disability.
Prepared by:
Shiphealth Medical Team/JRA24
Medical Report No. Working Diagnosis Recommendations Medical Report No. 9 dated April 19, 2017 - Piriformis Syndrome, right with sciatica, improved
- s/p 4 sets of physical therapy (6 sessions each)25 N/A Medical Report No. 10 dated May 16, 2017 - Piriformis Syndrome, right with sciatica, improved
- s/p 4 sets of physical therapy (6 sessions each)26 N/A Medical Report No. 11 dated May 31, 2017 - Piriformis Syndrome, right with sciatica, improved
- s/p 4 sets of physical therapy (6 sessions each)27 N/A
Petitioner was declared fit to return to work but refused to sign his certificate of fitness to work. On July 24, 2018, he filed a Notice to Arbitrate before the RCMB. It countered with a Motion to Dismiss30 to give way to the grievance proceedings before the AMOSUP as provided in the CBA.FINAL MEDICAL REPORT
Mr. Calera is a 33-year-old male from La Union who was referred for the management of perianal abscess and low back pain.
Present illness started on December 6, 2016 when the patient presented to the vessel's medical officer with complaints of right-sided low back pain of VAS 6-7/10 accompanied by paresthesia on the right lower extremity after prolonged sitting. Pain medication was given. On December 8, 13 and 19, 2016, patient was referred to a shore side facility in [Colombia]. Assessment was Mechanical Lumbago. Intravenous medications were given, with temporary relief of symptoms. During the course of treatment, patient complained of minimal perianal pain after defecation. Possible perianal abscess was considered. Home country referral was recommended for further evaluation and management. Patient was repatriated on January 4, 2017 and was then referred to our facility.
Past Medical History: s/p Proctosigmoidoscopy with Hemorrhoidectomy for Mixed Hemorrhoids (September 30, 2015); s/p repeat proctosigmoidoscopy with Lateral Internal Sphincterotomy for Anal Fissure (January 27, 2016); s/p Proctosigmoidoscopy with Lateral Internal Sphincterotomy for Anal Fissure (June 22, 2016)
Pertinent Findings on Initial Physical Examination
General conscious, coherent, ambulatory, not in cardiorespiratory distress Back and Spine No gross bone deformity and intact spine curvature; (+) tenderness on paralumbar areas; No pain on trunk flexion; (-) straight leg raising and FABERE tests; Extremities (+) minimal tenderness on end-range of extension of right shoulder; Pulses full and equal, no cyanosis, no masses or lesions, MMT 5/5 on all extremities Rectal No perianal abscess, hemorrhoids or anal fissures; No blood on examining finger
Clinical Course
For perianal abscess:
Patient was examined by General Surgery service on January 5, 2017. At that time, patient denied having perianal pain, bloody or purulent discharge and irregularities in bowel movement. On examination, no perianal abscess, hemorrhoids or anal fissures were identified. No treatment intervention was indicated for the referred condition at that time. Patient was then discharged by General Surgery service for the condition referred.
For low back pain:
On January 6 and 30, 2017, patient was evaluated by Orthopedic Spine Surgery service. At that time, he reported intermittent low back pain of VAS 3/10 with paresthesia on the right lower extremity. Initial consideration was Lumbar Muscle Strain and rule-out Spine Fracture. Commencement of rehabilitation therapy was recommended.
X-ray of the cervical spine showed the cervical bodies, pedicles, posterior elements and intervertebral disc spaces are intact. X-ray of the thoracolumbar spine showed normal findings. Assessment was possible Radiculopathy, right probably secondary to Herniated Nucleus Pulposus. To facilitate return of full function, continued physical therapy was recommended.
After completion of 6 sessions of physical therapy (2nd set), Mr. Calera was then re-evaluated by Orthopedic Spine Surgery. He claimed occasional low back pain of VAS 2110 accompanied by less paresthesia on the right lower extremity. EMG-NCV findings were within normal limits. Re-assessment was Piriformis Syndrome, right with Sciatica. Continuation of physical therapy was advised to alleviate pain and to improve range of motion. As needed pain medications were continued.
On re-evaluation by Orthopedic Spine Surgery service on March 24, 2017 after completion of 3rd set of physical therapy, patient claimed occasional low back pain and paresthesia on the right lower extremity. Medications were revised. Another 6 sessions of physical therapy [were] recommended.
Mr. Calera returned for follow up on April 17, 2017 after completion of 4th physiotherapy set. Post rehabilitation, patient claimed of intermittent numbness or paresthesia on the right lower leg. He claimed resolution of low back pain. He had no other subjective complaints. Objectively, physical exam showed no swelling and no tenderness with improved lumbar range of motion. There was noted MMT 5/5 on all extremities. Final diagnosis was Piriformis Syndrome, right with Sciatica, improving. Orthopedic Spine service opined that no further active intervention was indicated for the patient at that time except for continued self-directed home exercises.
After discussion of case with concerned parties, transfer of care patient's physician of choice was requested on June 13, 2017.
Final Diagnosis:Prepared by:
- Piriformis Syndrome, right with Sciatica, improving
- s/p 4 sets of physical therapy (6 sessions each)
Shiphealth Medical Team/JRA29
WHEREFORE, judgment is hereby rendered ordering the respondent to pay the complainant the amount of US$60,000.00 as total and permanent disability compensation, plus ten percent (10%) thereof as attorney's (sic) fees, or in Philippine currency at the rate of exchange prevailing on the date of payment.The Panel of Arbitrators held that the POEA approved contract between petitioner and respondent was already effective when the former slipped in the bathroom of the Holiday Inn. They noted that petitioner had principally complained of back pain from the very beginning. It was only the cause of such pain that the doctors differed. It was, therefore, error for respondent to conclude that petitioner was claiming payment for an illness distinct from that for which he was repatriated. Against the company-designated physicians' findings, they gave greater weight to petitioner's physician of choice who noted that petitioner was incapacitated due to persistent lower back pain suggestive of a lumbar disc disease.
SO ORDERED.
WHEREFORE, premises considered, the Petition for Review is GRANTED. The Decision dated November 19,2018 and Resolution dated February 6, 2019 of the Philippine Association of Voluntary Arbitrators (PAVA), Regional Conciliation and Mediation Board, National Capital Region in MVA-034-NCR-044-02-02-2018 are hereby REVERSED and SET ASIDE.It held that petitioner's condition was neither accidental nor workrelated. First, to espouse that the accident was the direct and proximate cause of petitioner's disability effectively ruled out the body's wear and tear due to prolonged strenuous work. Second, petitioner failed to establish his condition's work-relatedness. At the time of the accident, he was inside his hotel room and was neither exposed to the perils of the sea nor on board Hoegh Grace. His injury, therefore, had nothing to do with his seafarer duties. Lastly, the CBA only contemplated the seafarer going to or from his or her vessel to be entitled to the benefits thereto. The failure of the companydesignated physicians to clear petitioner for sea duty was immaterial since the direct and proximate cause of the injury was not work-related.
Petitioner is entitled to total and permanent disability benefits. |
4. To provide a seaworthy ship for the seafarer and take all reasonable precautions to prevent accident and injury to the crew including provision of safety equipment, fire prevention, safe and proper navigation of the ship and such other precautions necessary to avoid accident, injury or sickness to the seafarer.42Black's Law Dictionary defines "accident" as an unintended and unforeseen injurious occurrence; something that does not occur in the usual course of events or that could not be reasonably anticipated; an unforeseen and injurious occurrence not attributable to mistake, negligence, neglect, or misconduct. The Philippine Law Dictionary, on the other, defines "accident" as that which happens by chance or fortuitously, without intention and design, and which is unexpected, unusual, and unforeseen. In its commonly accepted meaning, accident has been defined as a fortuitous circumstance, event, or happening, an event happeni.ng without any human agency, or if happening wholly or partly through human agency, an event which under the circumstances, is unusual and unexpected by the person to whom it happens. It may denote a calamity, casualty, catastrophe, disaster, an undesirable or unfortunate happening; any unexpected personal injury resulting from any unlooked for mishap or occurrence; any unpleasant or unfortunate occurrence, that causes injury, loss, suffering, or death; some untoward occurrence aside from the usual course of events.43
1. The company-designated physician must issue a final medical assessment on the seafarer's disability grading within a period of 120 days from the time the seafarer reported to him;Verily, two (2) requisites must concur: 1) an assessment must be issued within the 120/240-day window, and 2) the assessment must be final and definitive.52
2. If the company-designated physician fails to give his assessment within the period of 120 days, without any justifiable reason, then the seafarer's disability becomes permanent and total;
3. If the company-designated physician fails to give his assessment within the period of 120 days with a sufficient justification (e.g. seafarer required further medical treatment or seafarer was uncooperative), then the period of diagnosis and treatment shall be extended to 240 days. The employer has the burden to prove that the company-designated physician has sufficient justification to extend the period; and
4. If the company-designated physician still fails to give his assessment within the extended period of 240 days, then the seafarer's disability becomes permanent and total, regardless of any justification.
b. | The company-designated physicians failed to issue a final and definitive assessment of petitioner's condition |
As worded, the medical report was far from final. For one, the company-designated physicians made no mention of any disability rating nor any declaration as to petitioner's fitness or unfitness for further sea duty. For another, the alleged finality of the medical report was negated by the fact that petitioner needed further medical treatment, i.e., he was referred for four (4) sets of physical therapy with six (6) sessions each. That he was not redeployed after the incident at the Holiday Inn lends credence to the fact that he still needed further medical attention and far from healed.FINAL MEDICAL REPORT
Mr. Calera is a 33-year-old male from La Union who was referred for the management of perianal abscess and low back pain.
Present illness started on December 6, 2016 when the patient presented to the vessel 's medical officer with complaints of right-sided low back pain of VAS 6-7/10 accompanied by paresthesia on the right lower extremity after prolonged sitting. Pain medication was given. On December 8, 13 and 19, 2016, patient was referred to a shore side facility in Columbia. Assessment was Mechanical Lumbago. Intravenous medications were given, with temporary relief of symptoms. During the course of treatment, patient complained of minimal perianal pain after defecation. Possible perianal abscess was considered. Home country referral was recommended for further evaluation and management. Patient was repatriated on January 4, 2017 and was then referred to our facility.
x x x
Final Diagnosis:Piriformis Syndrome, right with Sciatica, improving s/p 4 sets of physical therapy (6 sessions each)Prepared by:
Shiphealth Medical Team/JRA58
If an officer[,] due to no fault of his own, suffers an occupational injury as a result of an accident or an occupational disease, while serving on board or while travelling to or from the vessel on Company's business or due to marine peril, and as a result[,] his ability to work is permanently reduced, totally or partially, and never to be declared fit. The Company shall pay him a disability compensation which including the amounts stipulated by the POEA's rules and regulations shall be the maximum USD110.000 for officers and USD90.000 for cadets.62 (Emphases added)As the panel of voluntary arbitrators observed, petitioner is neither an officer nor cadet, but an ordinary seafarer. Thus, we apply the POEA-SEC under which petitioner is entitled to USD60,000.00.63
The total monetary award shall earn six percent (6%) legal interest per annum from finality of this Decision until fully paid.chanroblesvirtualawlibrary
1) Total and Permanent Disability Benefits of USD60,000.00; and 2) Attorney's Fees of ten percent (10%) of the total monetary award.
Endnotes:
* Designated as additional member per Special Order No. 2822 dated April 7, 2021.
1 Penned by Associate Justice Remedios A. Salazar-Fernando, and concurred in by Associate Justices Marie Christine Azcarraga-Jacob and Maria Filomena D. Singh, rollo, pp. 52-64.
2Id. at 40-42.
3Id. at 259.
4Id. at 156-183.
5 Tasks: (a) Main deck maintenance; (b) Rigging and unrigging of pilot ladder; (c) Mooring and unmooring operations; (d) Bridge stand on watch; (e) Chipping and painting of the vessel; (f) Securing chain and car lashing; and (g) Performing other deck maintenance work and strenuous duties as instructed by his superior.
6Rollo, p. 184.
7Id. at 208.
8Id. at 209.
9Id. at 210-211.
10Id. at 210-211.
11Id. at 212-215.
12Id. at 218-219.
13Id. at 223.
14Id. at 224.
15Id. at 225-239.
16Id. at 245.
17Id. at 246.
18Id. at 247.
19Id. at 248.
20Id. at 250.
21Id. at 251.
22Id. at 252.
23Id. at 253.
24Id.
25Id. at 254.
26Id. at 255.
27Id. at 256.
28Id. at 257-258.
29Id.
30Id. at 260-266.
31Id. at 145-155.
32 Hector L. Hofileña, Levy Edwin C. Ang, and Mariano M. Umali.
33Rollo. pp. 145-154.
34Id. at 128-129.
35Id. at 97-122.
36Id. at 73-96.
37Id. at 52-64.
38Id. at 40-42.
39Id. at 357-368.
40 See General Milling Corp. v. Viajar, 702 Phil. 53, 540 (2013).
41 See C.F. Sharp Crew Management, Inc. v. Legal Heirs of Repiso, 780 Phil. 645, 666 (2016).
42 Amended Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On-Board Ocean-Going Ships, POEA Memorandum Circular No. 010-10, October 26, 2010.
43 See NFD International Manning Agents, Inc. v. Illescas, 646 Phil. 244, 260 (2010).
44 See Wilhelmsen Smith Bell Manning, Inc., Wilhelmsen Ship Management Ltd., and Fausto R. Preysler, Jr., v. Franklin J. Villaflor, G.R. No. 225425, January 29, 2020.
45 See Grieg Philippines, Inc. v. Gonzales, 814 Phil. 965, 966 (2017).
46 Supra note 44.
47 763 Phil. 411, 414 (2015).
48 Supra note 44.
49 See Heirs of Licuanan v. Singa Ship Management, Inc., G.R. Nos. 238261 & 238567, June 26, 2019.
50 See Magsaysay Mol Marine, Inc. v. Atraje, 836 Phil. 1061, 1077 (2018).
51 765 Phil. 341, 362-363 (2015).
52 See Chan v. Magsaysay Maritime Corp. G. R. No. 239055, March 11, 2020.
53 See Onent Hope Agencies, Inc. v. Jara, 832 Phil. 380, 400 (2018).
54 See Olidana v. Jebsens Maritime, Inc., 772 Phil. 234-251 (2015).
55 Supra note 53 at 396.
56 769 Phil. 567, 587 (2015).
57Belchem Phils., Inc. v. Zafra, Jr., 759 Phil. 514, 527 (2015).
58Rollo, pp. 257-258.
59 See Gamboa v. Maunlad Trans, Inc., G.R. No. 232905, August 20, 2018.
60 G.R. No. 229192, July 23, 2018.
61 Supra note 48.
62Rollo, p. 194.
63 See Cere v. Anglo-Eastern Crew Management Phils., Inc., 830 Phil. 695, 702 (2018).
64 See Chan v. Magsaysay Maritime Corp, G.R. No. 239055, March 11, 2020.
65 See Balbarino v. Pacific Ocean Manning, Inc., G.R. No. 201580, September 21, 2020.
66 See Nacar v. Gallery Frames, 716 Phil. 267, 283 (2013). cralawredlibrary