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which constitutes permanent total disability. An award of a total and
permanent disability benefit would be germane to the purpose of the
benefit, which is to help the employee in making ends meet at the time
when he is unable to work.[16] (Citations omitted and italics supplied)
Thus, that the respondent required therapy beyond 240 days and remained unable to
perform his customary work during this time rendered unnecessary any further need by
him to secure his own doctor’s opinion or that of a neutral third doctor to determine the
extent of his permanent disability.
Concerning the joint and solidary liability of the manning agency, Sealanes, its foreign
principal, Arklow Shipping Netherland, and Sealanes’ President Dumatol, Section 10 of
Republic Act (R.A.) No. 8042, otherwise known as the “Migrant Workers and Overseas
Filipinos Act of 1995”, as amended by Section 7 of R.A. No. 10022, reads:
SEC. 10. Money Claims. – Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations Commission
(NLRC) shall have the original and exclusive jurisdiction to hear and decide,
within ninety (90) calendar days after the filing of the complaint, the claims
arising out of an employer-employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment including claims
for actual, moral, exemplary and other forms of damage. Consistent with
this mandate, the NLRC shall endeavor to update and keep abreast with the
developments in the global services industry.
The liability of the principal/employer and the recruitment/placement agency
for any and all claims under this section shall be joint and several. This
provision shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval. The performance bond to
[be] filed by the recruitment/placement agency, as provided by law, shall be
answerable for all money claims or damages that may be awarded to the
workers. If the recruitment/placement agency is a juridical being, the
corporate officers and directors and partners as the case may be, shall
themselves be jointly and solidarily liable with the corporation or partnership
for the aforesaid claims and damages.
Such liabilities shall continue during the entire period or duration of the
employment contract and shall not be affected by any substitution,
amendment or modification made locally or in a foreign country of the said
contract.
x x x x (Italics ours)
Thus, every applicant for license to operate a seafarers’ manning agency shall, in the
case of a corporation or partnership, submit a written application together with, among
others, a verified undertaking by officers, directors and partners that they will be jointly
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