5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly Camote,[13] where it was written: xxx a subsequently executed side agreement of an overseas contract worker with the foreign employer is void, simply because it is against our existing laws, morals and public policy. The subsequent agreement cannot supersede the terms of the standard employment contract approved by the POEA. Assuming arguendo that petitioner entered into an agreement with the foreign principal for an extension of his contract of employment, sans approval by the POEA, the contract that governs petitioner's employment is still the POEA-SEC until his repatriation. As far as Philippine law is concerned, petitioner's contract of employment with respondents was concluded only at the time of his repatriation on August 30, 2006. Further, the CA explained that a declaration from the company-designated physician as to the fitness or unfitness of a seafarer to continue his sea-duties is sanctioned by Section 20(B)(3) of the POEA-SEC. There being no declaration made by the companydesignated physician within the 120-day period as to the fitness of Caseñas, the CA opined that he was undoubtedly entitled to disability benefits. APQ filed a motion for reconsideration, while Caseñas filed his Comment/Opposition. On June 1, 2011, the CA denied the motion for lack of merit. Hence, this petition. GROUNDS THE HONORABLE COURT OF APPEALS ERRED IN REVERSING AND SETTING ASIDE THE DECISION AND RESOLUTION OF THE NLRC DATED 14 OCTOBER 2009 AND 27 NOVEMBER 2009, AND REINSTATING THE NLRC’S RESOLUTION DATED 22 JUNE 2009, CONSIDERING THAT: A. PRIVATE RESPONDENT’S CONTRACT OF EMPLOYMENT WAS NEVER EXTENDED BY THE COMPANY NOR BY THE PRINCIPAL B. PRIVATE RESPONDENT’S CLAIM FOR DISABILITY BENEFITS, SICKNESS ALLOWANCE AND UNPAID WAGES ALL ACCRUED AFTER THE EXPIRATION OF THE CONTRACT OF EMPLOYMENT[14] The pivotal issue for resolution is whether or not the employment contract of Caseñas was extended with the consent of APQ/Crew Management. The Court rules in the affirmative. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56987 4/14

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