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[33] Ijares v. Court of Appeals, 372 Phil. 9 (1999).
[34] Section 20(B), paragraph 3 of the POEA-SEC reads:
3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to
sickness allowance equivalent to his basic wage 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 seafarer shall submit himself to a post-employment medical
examination by a company-designated physician within three working days upon his
return except when he is physically incapacitated to do so, in which case, a written
notice to the agency within the same period is deemed as compliance. Failure of the
seafarer to comply with the mandatory reporting requirement shall result in his
forfeiture of the right to claim the above benefits.
[35] Micronesia Resources v. Cantomayor, supra note 28, at 52.
[36] See Cortes v. Court of Appeals, 527 Phil. 153, 160 (2006), citing Tolentino, Arturo,
Commentaries and Jurisprudence on the Civil Code of the Phils., Vol. IV, 1985 edition,
p. 175.
[37] 405 Phil. 487 (2001).
[38] Maunlad Transport, Inc. v. Manigo, Jr., supra note 16, at 458.
[39] Supra note 18.
[40] Id. at 90.
[41] Supra note 16, at 457-458.
[42] Id. at 212.
[43] G.R. No. 172933, October 6, 2008, 567 SCRA 610.
[44] Rollo, p. 166.
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