4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly submitted copies of pages 9 and 10 of the purported PSU/ITF TCC Agreement[39] and a copy of the complete text of a CBA between PSU-ALU-TUCP-ITF and Belships dated November 3, 2008.[40] Neither of which, however, substantially establish his claim for the amount of US$142,560.00 permanent disability benefits. The two-paged evidence reflecting what is supposed to be Sections 22 and 24 of a PSU/ITF TCC Agreement is too trifling to adequately prove that it is indeed the agreement signed by Belships or that it even covers the petitioner. From the said piecemeal evidence, it is impossible to deduce whether it is indeed the correct CBA upon which the superior amount of permanent disability benefit claimed by the petitioner can be based. Neither can the complete text of CBA between PSU-ALU-TUCPITF and Belships be considered as satisfactory evidence. As correctly observed by the CA, the said agreement does not contain Sections 22 and 24 cited by the petitioner for his claim and relied upon by the LA in awarding the disability compensation. The provision therein that deals with disability compensation is Article 12 which reads: Article 12 Disability Compensation If a seafarer due to no fault of his own, suffers an occupational injury as a result of an accident or an occupational disease while serving on board or while travelling to or from the vessel on Company’s business or due to marine peril, and as a result his ability to work is permanently reduced, partially or totally, and never to be declared fit, the Company shall pay him a disability compensation which including the amounts stipulated by the POEA’s rules and regulations shall be maximum: Radio Officers, Chief Stewards, Electricians, Electro Technicians Ratings USD 110 000 USD 90 000 x x x x.[41] The CA baselessly concluded that the provision is limited only to radio officers, chief stewards, electricians and electro technicians under which the petitioner cannot be categorized. As can be gleaned above, ratings are covered by disability compensation. It is not logical to limit the provision only to the officers as the union, PSU-ALU-TUCPITF, represents all Filipino crew members without exception.[42] Nevertheless, the inapplicability of the provision to the petitioner must be sustained in view of the fact that the duration of the submitted copy of PSU-ALU-TUCP-ITF and Belships CBA is from November 1, 2008 until October 31, 2009[43] or outside the petitioner’s employment period which expired as early as July 2008. In fine, the petitioner failed to proffer credible and competent evidence of his claim for superior disability benefits. What remains as competent basis for disability award is the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56076 7/11