5/28/2020
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The present petition essentially raises the question – whether Alberto’s medical
expenses and sickness allowance should be deducted from his disability benefits. This is
a question of law that falls well within the Court’s power in a Rule 45 petition.
Underlying this question of deductibility is another legal question of whether these
benefits – medical expenses, sickness allowance and disability benefits – are separate
and distinct from one another.
A complete determination of this petition’s legal issues, however, requires resolution of
the intimately related but largely factual issue of whether the respondents had already
paid Alberto his medical expenses and sickness allowance. Since this is a question of
fact, it is generally not within the scope of our Rule 45 jurisdiction except to the extent
necessary to determine whether the CA correctly affirmed, for lack of grave abuse of
discretion, the NLRC decision that ordered the deduction from the LA’s total monetary
award the sickness allowance and the expenses the respondents incurred for Alberto’s
medical treatment.
In the present case, we see no reason to disturb the NLRC and CA’s uniform factual
finding on the issue of payment of sickness allowance and medical expenses. This
factual conclusion, however, totally does not support the NLRC’s legal conclusion,
ordering the deduction of the medical expenses from the total monetary award. As our
subsequent discussion will show, the NLRC’s action is nothing short of grave abuse of
discretion.
The seafarer is entitled to medical
treatment at cost to the employer apart
from disability benefits and sickness
allowance
The employment of seafarers and its incidents are governed by the contracts they sign
every time they are hired or rehired. These contracts have the force of law between the
parties as long as their stipulations are not contrary to law, morals, public order or
public policy.[24] Every seaman and the vessel owner (directly or represented by a local
manning agency) are required to execute the POEA-SEC as a condition sine qua non to
the seafarer’s deployment for overseas work.[25] While the seafarers and their
employers are governed by their mutual agreements, the POEA rules and regulations
require that the POEA-SEC, which contains the standard terms and conditions of the
seafarers’ employment in foreign ocean-going vessels, be integrated in every seafarer’s
contract.[26]
In the present case, Section 20-B of the 2000 POEA-SEC[27] (the governing POEA-SEC
at the time the respondents employed Alberto in 2003) is the applicable provision.
Under this section, the employers assume several kinds of liabilities to the seafarer for
any work-related illness or injury that the seafarer may have suffered during the term
of the contract. It reads in full:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57200
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