6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly not even cite the name of their company-designated physician who would have assessed the medical condition of De Andres. Thus, it is clear that it was the respondents who prevented the submission of De Andres to a post-employment medical examination. Indeed, De Andres did his part when he immediately reported to Diamond H within three (3) working days from repatriation. Consequently, it was the duty of the employer to refer him to a company-designated physician for a post-employment medical examination knowing fully well that he had a claim for disability benefits. The respondents, however, failed to do so. Instead, they outrightly denied his claims because of the quitclaim he signed. The validity of the said quitclaim shall be discussed infra. In fine, the exception to the reportorial requirement applies in this case because the seafarer was prevented by the employer from submitting himself to a post-employment medical examination by a company-designated physician. Thus, the disability claim of De Andres is not forfeited. The quitclaim presented by the respondents is invalid The primary reason for the respondents' upfront denial of De Andres' disability claims was the MOA signed by the latter which, to them, constituted as a quitclaim. It stated that the respondents agreed to pay De Andress NT$40,000.00 and gave him a plane ticket back to the Philippines; and that, in return, he would not file any complaint or sue the respondents in the future. De Andres asserted, however, that he was forced to sign the agreement. To be valid, a Deed of Release, Waiver and/or Quitclaim must meet the following requirements: (1) that there was no fraud or deceit on the part of any of the parties; (2) that the consideration for the quitclaim is sufficient and reasonable; and (3) that the contract is not contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law. Courts have stepped in to invalidate questionable transactions, especially where there is clear proof that a waiver, for instance, was obtained from an unsuspecting or a gullible person, or where the agreement or settlement was unconscionable on its face. A quitclaim is ineffective in barring recovery of the full measure of a worker's rights, and the acceptance of benefits therefrom does not amount to estoppel. Moreover, a quitclaim in which the consideration is scandalously low and inequitable cannot be an obstacle to the pursuit of a worker's legitimate claim.[28] The Court finds that the MOA is not a valid quitclaim. First, the MOA had an unreasonable consideration which was greatly disproportionate to the injury that De Andres suffered. To recall, he sustained an open fracture injury on his left lower leg with an 8 cm in size open wound which had bone exposure and active bleeding. Due to the seriousness of his injury, he was subjected to three (3) separate operations. The gravity of his injury left him incapacitated for almost a year until he was repatriated on February 5, 2010. Even in the Philippines, De Andres continued to elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63281 10/15

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