671 Phil. 56
SECOND DIVISION
[ G.R. No. 185352, August 10, 2011 ]
COASTAL SAFEWAY MARINE SERVICES INC., PETITIONER, VS. ELMER T.
ESGUERRA, RESPONDENT.
DECISION
PEREZ, J.:
Compliance with the mandatory reporting requirements for the claim of disability benefits and sickness
allowance under the Philippine Overseas Employment Administration Standard Employment Contract
Governing the Employment of Filipino Seafarers On-Board Ocean-Going Vessels (POEA-SEC) is central to
this Rule 45 petition for review on certiorari, primarily assailing the 29 August 2008 Decision rendered by
the then Seventh Division of the Court of Appeals (CA) in CA-G.R. SP No. 90298,[1] the dispositive portion
of which states:
WHEREFORE, the petition is granted. The Resolutions dated June 30, 2004 and September
30, 2004 of public respondent NLRC are set aside. Accordingly, private respondents [Coastal
Safeway Marine Services, Inc., Benedicto C. Morcilla and Canada and Middle East General
Trading] are ordered to pay petitioner [Elmer T. Esguerra], jointly and solidarily, his sickness
allowance of US$3,200.00 and disability benefits of US$20,900.00 which may be paid in
Philippine Currency equivalent to the exchange rate prevailing during the time of payment.
SO ORDERED.[2]
The Facts
A seafarer since 1991, respondent Elmer T. Esguerra (Esguerra) applied for placement with petitioner
Coastal Safeway Marine Services, Inc. (CSMSI) sometime in 2003. Found fit for work during the preemployment medical examination conducted by the company-designated physician,[3] Esguerra was hired
by the CSMSI as Third Mate for the M/V Mr. Nelson, an ocean-going vessel under the flag of the United
Arab Emirates (UAE) owned by its foreign principal, Canada & Middle East General Trading (CMEGT).
Subject to the provisions of the POEA-SEC, the contract of employment executed by the parties on 9 May
2003 provided a term of one (1) year and a basic monthly salary of US$800.00 for a 48-hour work-week,
with provisions for overtime pay and vacation leave with pay.[4] Rather than the aforesaid vessel,
however, it appears that, on 13 May 2003, Esguerra, as Second Officer, eventually boarded the vessel M/V
Gondwana which was likewise manned by CSMSI on behalf of Nabeel Shipmanagement Ltd. Fze. (NSLF).
[5]
On 28 June 2003 or after forty six (46) days of shipboard employment, Esguerra requested medical
attention for back and chest pains while M/V Gondwana was docked at Port Jebel Ali, UAE. Examined on 5
July 2003 at the Jebel Ali Medical Centre, Esguerra was declared "not fit for work until complete cardiac
evaluation is done" and "advised to rest until then" by Dr. Zarga S. Tulmar.[6] Despite the normal results
of the serology, hematology, biochemistry and x-ray tests administered upon him,[7] however, Esguerra
insisted on going home on the ground that he had been rendered unfit for work. Alleging that he had yet
to receive his salary for June 2003 and that his employer was making him shoulder his repatriation
expenses as a consequence of his failure to finish his contract, Esguerra also sought assistance from the
Jebel Ali police/coastguard regarding his predicament.[8] Subsequent to his arrival in the Philippines on 7
July 2003, Esguerra went to the Philippine Heart Center (PHC), the Philippine Orthopedic Hospital (POH)
and the Philippine General Hospital (PGH) for medical evaluation and treatment.
Having consulted with Dr. Efren R. Vicaldo, a Doctor of Internal Medicine and Cardiology at the PHC as well
as Dr. Rimando C. Saguin, an Orthopedic Surgeon at the POH, Esguerra further underwent diagnostic tests
and was prescribed various medications at the PGH for "chronic stable angina."[9]
On 16 July 2003,