Based on the foregoing, it is therefore clear that Article 291 is the law governing
the prescription of money claims of seafarers, a class of overseas contract workers. This
law prevails over Section 28 of the Standard Employment Contract for Seafarers which
provides for claims to be brought only within one year from the date of the seafarer’s
return to the point of hire. Thus, for the guidance of all, Section 28 of the Standard
Employment Contract for Seafarers, insofar as it limits the prescriptive period within
which the seafarers may file their money claims, is hereby declared null and void. The
applicable provision is Article 291 of the Labor Code, it being more favorable to the
seafarers and more in accord with the State’s declared policy to afford full protection to
labor.
The prescriptive period in the present case is thus three years from the time the
cause of action accrues.
In the present case, there is no exact showing of when the cause of action accrued.
Nevertheless, it could not have accrued earlier than January 21, 1998 which is the date of
his last contract. Hence, the claim has not yet prescribed, since the complaint was filed
with the arbitration branch of the NLRC on September 6, 1999.
Compensability and Liability
In petitions for review on certiorari, only questions of law may be raised, the only
exceptions being when the factual findings of the appellate court are erroneous, absurd,
speculative, conjectural, conflicting, or contrary to the findings culled by the court of