5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
Even granting that the complaint should be given due course, we hold that the
company-designated physician’s assessment should prevail over that of the private
physician. The company-designated physician had thoroughly examined and
treated Rosales from the time of his repatriation until his disability grading
was issued, which was from February 20, 2006 until October 10, 2006. In
contrast, the private physician only attended to Rosales once, on November 9,
2006.[31] This is not the first time that this Court met this situation. Under these
circumstances, the assessment of the company-designated physician is more credible
for having been arrived at after months of medical attendance and diagnosis, compared
with the assessment of a private physician done in one day on the basis of an
examination or existing medical records.
We are thus compelled to dismiss the present complaint, as we had similarly done in
Philippine Hammonia,[32] to impress upon the public the significance of a binding
obligation. This pronouncement shall not only speed up the processing of maritime
disability claims and decongest court dockets; more importantly, our ruling would
restore faith and confidence in obligations that have voluntarily been entered upon. As
an institution tasked to uphold and respect the law, it is our primary duty to ensure
faithful compliance with the law whether the dispute affects strictly private interests or
one imbued with public interest. We shall not hesitate to dismiss a petition wrongfully
filed, or to hold any persons liable for its malicious initiation.
WHEREFORE, premises considered, we hereby GRANT the petition and SET ASIDE
the assailed decision and resolution of the Court of Appeals. The complaint is hereby
DISMISSED.
SO ORDERED.
Carpio, (Chairperson), Del Castillo, Mendoza, and Leonen, JJ., concur.
[1] Through a petition for review on certiorari under Rule 45 of the Rules of Court, rollo,
pp. 33-53. The appealed decision was penned by Associate Justice Manuel M. Barrios
and concurred in by Associate Justices Apolinario D. Bruselas, Jr. and Ramon R. Garcia,
rollo, pp. 15-28.
[2] Rollo, p. 62.
[3] Id. at 62-63.
[4] Id. at 63.
[5] Id.
[6] Id.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57993
8/10