Medline Management

April 19, 2018 | Author: Bo Deth | Category: Arbitration, Certiorari, Employment, Virtue, Public Law
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MEDLINE MANAGEMENT, INC. and GRECOMAR SHIPPING AGENCY v. GLICERIA ROSLINDA and ARIEL ROSLINDA, G.R. No. 168715, Sepe!"e# 15, $%1% Facts:

Petitio etitioner ner Medlin Medline e Manage Manageme ment, nt, Inc. Inc. (MMI) (MMI),, on behalf behalf of its foreig foreign n principal, petitioner Grecomar Shipping Agency (GSA), hired Juliano oslinda (Juliano) to !or" on board the #essel M$ %$ictory.% Juliano !as pre#iously employed employed by the petitione petitioners rs under t!o successi#e successi#e separate employment employment cont contra ract cts s of #ary #aryin ing g dura durati tion ons. s. &e boar boarded ded the the #esse #essell M$ %$ic %$icto tory ry%% on 'ctober , *++ as an oiler and, after se#eral months of e-tension, !as discharged on January , . Months after his repatriation, or on March /, , Juliano consulted a doctor. &e complained about abdominal distention !hich is the medical term for a patient !ho #omits pre#iously ingested foods. 0rom March  to August 1, , Juliano #isited 2r. 3loren for a series of medical treatment. In a Medical Medical 4erti5cat 4erti5cate e issued by 2r. 2r. 3loren, 3loren, the condition condition of Juliano Juliano re6uir re6uired ed hemo hemodi dial alys ysis is !hic !hich h !as !as init initia iall lly y done done t!ic t!ice e a !ee" !ee" for for a peri period od of t!o t!o months and then once e#ery * days. 'n Au Augu gust st 7 7,,  * *,, Juli Julian ano o died died,, prom prompt ptin ing g his his !ife !ife and and son son respondents herein, to 5le a complaint against MMI and GSA for payment of  death compensati compensation, on, reimbur reimburseme sement nt of medical medical e-pense e-penses, s, damages, damages, and attorney8s fees before the 3abor Arbitration 9ranch of the :34. Instead of 5ling an ans!er, petitioners 5led a Motion to 2ismiss ** on the groun grounds ds of presc prescri ripti ption, on, lac" lac" of ;urisd ;urisdict iction ion and prem prematur aturity ity. hether the ruling of the 4A is contrary to the ;urisprudence laid do!n in the case of 0em8s ?legance 3odging &ouse #s. Murillo decided by this 4ourt. Held: 1.

:'. Article +* is the la! go#erning the prescription of money claims of seafarers, a class of o#erseas contract !or"ers. e further declared that Bfor the guidance of all, Section  of the Standard ?mployment 4ontract for Seafarers, insofar as it limits the prescripti#e period !ithin !hich the seafarers may 5le their money claims, is hereby declared null and #oid.
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