G.R. No. 200289 - Westwind Shipping Corp. vs. UCPB General Insurance Co., Inc.

In December 2012, petitioner Luis G. Gemudiano, Jr. applied with Naess Shipping Philippines, Inc. for a seaman position and completed the ISM Code training.
He underwent a pre-employment medical examination (PEME), was declared fit for sea service, and shouldered the PEME cost of ₱18,000.00.

On February 15, 2013, petitioner signed an Embarkation Order directing him to secure vessel documents and properties.
On February 18, 2013, Naess Shipping (for Royal Dragon) executed a six-month “Contract of Employment for Marine Crew on Board Domestic Vessels” effective March 12, 2013, at a gross monthly salary of ₱30,000.00.
The parties later executed an Addendum stipulating that the employment relationship would commence upon the Master’s boarding confirmation.

On March 8, 2013, petitioner was informed that his embarkation was canceled due to alleged medical misrepresentation.
Petitioner filed a breach-of-contract complaint before the NLRC’s Labor Arbiter, claiming actual, moral, exemplary damages, attorney’s fees, and PEME refund.
The Labor Arbiter awarded ₱180,000.00 (actual damages); NLRC modified and added ₱30,000.00 (moral), ₱50,000.00 (exemplary), 10% attorney’s fees, and ₱18,000.00 PEME refund.
The Court of Appeals annulled the NLRC decisions, holding there was no employer-employee relationship and thus no Labor Arbiter jurisdiction.

Whether the Court of Appeals erred in ruling that the Labor Arbiter lacked jurisdiction due to absence of an employer-employee relationship.

Whether the award of actual, moral, exemplary damages, attorney’s fees, and PEME refund should be sustained.