4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly without need for an assessment from Dr. Salvador, must be viewed in the context of the established facts and the applicable Philippine law. The law in this jurisdiction must be determined in the context of the disagreement on Capoy’s claim between the foreign employer, represented by the manning agency, and Capoy whose employment relationship is governed by the POEA-SEC and supplemented by the parties’ CBA. As explained in Vergara, under Section 31 of the POEA-SEC, in case of any unresolved dispute, claim or grievance arising out of or in connection with the contract, the matter shall be governed by Philippine laws, as well as international conventions, treaties and covenants where the Philippines is a signatory.[34] This signifies that the terms agreed upon by the parties pursuant to the POEA-SEC are to be read and understood in accordance with Philippine laws, particularly, Articles 191 to 193 of the Labor Code and the applicable implementing rules and regulations in case of any dispute, claim or grievance. Article 192(3) of the Labor Code which deals with the period of disability states that: The following permanent: disabilities shall be deemed total and 1. Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules[.] [emphases ours] The rule adverted to is Section 2, Rule X of the Rules and Regulations implementing Book IV of the Labor Code which provides: Sec. 2. Period of entitlement. — (a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness it shall not be paid longer than 120 consecutive days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at any time after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as detemined by the System[.] [emphasis ours; underscore ours] The above provisions must be read together with Section 20(B)(3) of the POEA-SEC which states as follows: Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55931 7/12