4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly On January 30, 2007, the CA issued its assailed Decision dismissing the petition for lack of merit and affirming in toto the NLRC decision. Enrique's motion for reconsideration was denied in a Resolution dated September 3, 2007. Still dissatisfied, hence, this petition for review on certiorari is filed. Enrique died on October 19, 2004,[22] thus, the instant petition is filed by his widow, for herself and in behalf of her children. The issue for resolution is whether or not petitioners are entitled to claim disability benefits from respondents. The employment of seafarers, including claims for death and disability benefits, is governed by the contracts they sign every time they are hired or rehired, and as long as the stipulations therein are not contrary to law, morals, public order, or public policy, they have the force of law between the parties.[23] Under the third paragraph of Enrique's Contract of Employment[24] with respondents, it was stated that the terms and conditions provided under Memorandum Circular No. 41, Series of 1989 and amending circulars relative thereto, shall be strictly and faithfully observed. Memorandum Circular No. 41, Series of 1989, or the “Revised Standard Employment Contract of All Filipino Seamen On Board Ocean-Going Vessels,” as amended by POEA Memorandum Circular No. 05, Series of 1994, provides for the minimum requirements prescribed by the Government for the Filipino seafarer’s overseas employment. This Circular is applicable in this case instead of Memorandum Circular No. 55, Series of 1996 applied by the NLRC, since the latter took effect on January 1, 1997 while Enrique’s employment was terminated with his repatriation on November 30, 1996. Section C (4) (c) of the 1989 POEA Standard Employment Contract (SEC), as amended, provides: SECTION C. COMPENSATION AND BENEFITS xxxx 4. The liabilities of the employer when the seaman suffers injury or illness during the term of his contract are as follows: xxxx c. The employer shall pay the seaman his basic wages from the time he leaves the vessel for medical treatment. After discharge from the vessel the seaman is entitled to one hundred percent (100%) of his basic wages until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. For this purpose, the seaman shall submit himself to a post-employment medical elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56060 4/10