6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly defendant but also "an act or mission of the defendant in violation of said legal right," the cause of action does not accrue until the party obligated refuses, expressly or impliedly, to comply with its duty.[33] In Philippine National Bank v. Spouses Rivera,[34] We held that the elements of cause of action are as follows: (1) a right in favor of the plaintiff by whatever means and under whatever law it arises or is created; (2) an obligation on the part of the named defendant to respect or not to violate such right; and (3) an act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff.[35] It bears stressing that when petitioner filed his complaint on September 10, 2013 with the Labor Arbiter, he did not attach any medical certificate showing his illnesses. What is evident on record is that he managed to submit a medical certificate issued by Dr. Tan only on November 14, 2013 or two (2) months after he filed the complaint. Evidently, petitioner has no cause of action as he was unaware of his disability at the time he filed the complaint. Meanwhile, Section 20(A)(6) of the Amended POEA-SEC, provides: SECTION 20. COMPENSATION AND BENEFITS A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 6. In case of permanent total or partial disability of the seafarer caused by either injury or illness the seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section 32 of his Contract. Computation of his benefits arising from an illness or disease shall be governed by the rates and the rules of compensation applicable at the time the illness or disease was contracted The disability shall be based solely on the disability gradings provided under Section 32 of this Contract, and shall not be measured or determined by the number of days a seafarer is under treatment or the number of days in which sickness allowance is paid. (Emphasis supplied) Rule X of the Amended Rules on Employees' Compensation (AREC), which implements Title II, Book IV of the Labor Code, states in part: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66786 7/13