5/19/2021
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On December 10, 2015, after he suffered from dizziness and chest pains, Salenga
consulted a private physician, Dr. Erlinda Bandong-Reyes (Dr. Bandong-Reyes), who
eventually issued a certification dated January 11, 2016 that Salenga had
cardiovascular disease and Type II Diabetes Mellitus, and that he was permanently unfit
for further sea duties and "entitled under POEA Disability Grade 1."[10]
On February 4, 2016, Salenga filed a complaint for disability benefits, moral and
exemplary damages, and attorney's fees against petitioners.[11]
On March 14, 2016, another private physician, Dr. Wenceslao Llauderes (Dr. Llauderes),
confirmed Dr. Bandong-Reyes's findings.[12]
LA Decision
In his/her Decision dated May 18, 2016, the LA gave due course to the complaint and
awarded Salenga with permanent and total disability benefits amounting to
US$96,909.00, with sickness allowance, moral and exemplary damages, and attorney's
fees. The dispositive portion of the LA Decision states:
"WHEREFORE, premises considered, judgment is hereby rendered awarding
Complainant total and permanent disability benefits including sickness
allowance in the respective sums of US $96,909 and $2644, plus moral and
exemplary damages of P50,000 each and attorney's fees equal to 10% of
the total judgment awards.
All other claims are dismissed for lack of merit.
SO ORDERED."[13]
According to the LA, the Clearance Form or the Quitclaim executed by Salenga cannot
be used to deprive him of the benefits due him. These were against public policy as
they were signed by Salenga who was not a medical practitioner.[14] Moreover, the LA
ruled that Salenga was able to prove that he reported to the company within three days
from repatriation as this was admitted by petitioners, but that they treated Salenga as
a signed-off employee and not one who was medically repatriated.[15] As regards the
work-relatedness of Salenga's illnesses, the LA ruled that since the medical reports
confirm that Salenga was ill, it is reasonable to conclude that they were acquired or
were aggravated on board the vessel as they could not only have been contracted upon
his disembarkation.[16] With respect to the award for moral and exemplary damages,
the LA opined that petitioners were in bad faith for depriving Salenga of his right to
medical evaluation.[17] For having the power to put on hold Salenga's benefits, the
individual officers of petitioners were made solidarily liable.[18]
NLRC Decision
On appeal to the NLRC, the NLRC issued a Decision dated December 29, 2016 partially
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66256
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