4/20/2021
E-Library - Information At Your Fingertips: Printer Friendly
under the Philippine Overseas Employment Administration Standard Employment
Contract because it is not work-related.[43] That he was declared fit to work prior to
boarding and that he later on got sick while on board does not make his illness workrelated.[44]
Respondents aver that to be regarded as work-related, the illness must be one of those
enumerated as occupational diseases under Section 32-A of the Philippine Overseas
Employment Administration Standard Employment Contract. The company-designated
physician likewise determined that Castillon's illness is not work-related and that this
finding was never disputed by contrary evidence.[45]
Moreover, the pre-employment medical examination is merely routinary and not
exploratory. It is not conclusive proof. Thus, it does not support petitioners' contention
that Castillon's illness is work-related.[46] That Castillon's illness manifested while he
was on board does not also necessarily mean that his illness is work-related.[47]
Respondents also dispute petitioners' claim that the working condition and unhealthy
diet on board contributed to his illness. Respondents argue that this claim is baseless
because there is already a prevailing standard on dietary provisions on board vessels.
[48] Further, petitioners failed to present any evidence to prove that Castillon's work
aggravated his illness.[49] Thus, in the face of the company-designated physician's
diagnosis, petitioners' claims must fail.[50]
Respondents argue that the quitclaim signed by Castillon is a valid settlement of his
claims.[51] The dismissal of the first case constituted res judicata.[52] The four (4)
elements of res judicata are present in this case:
(1) The dismissal order from Labor Arbiter Del Rosario is final;[53]
(2) The order was issued after considering documentary evidence;[54]
(3) The National Labor Relations Commission had jurisdiction over the claim and over
the parties;[55] and
(4) There is an identity of parties, subject matter, and cause of action in the first and
second cases.[56]
With respect to the voluntariness of the quitclaim's execution, respondents point out
that Castillon knew that the payment given to him was already the full and complete
settlement of all his claims. The document was translated to Filipino, which was fully
understood by Castillon.[57] He voluntarily acknowledged the quitclaim before a Notary
Public and confirmed it before Labor Arbiter Del Rosario.[58] Moreover, petitioner Daisy
Castillon, Castillon's wife, signed as a witness to the quitclaim.[59]
In their Reply,[60] petitioners add that, even assuming the pre-employment medical
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66406
6/35