6/5/2020
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In view of the Temporary Restraining Order [TRO] issued by the
Supreme Court in a Resolution dated 11 September 2000 on the
implementation of certain amendments of the Revised Terms and
Conditions Governing the Employment of Filipino Seafarers on board
Ocean-Going Vessels as contained in DOLE Department Order No. 04
and POEA Memorandum Circular No. 09, both Series of 2000, please
be advised of the following:
1. Section 20, Paragraphs (A), (B) and (D) of the former Standard Terms
and Conditions Governing the Employment of Filipino Seafarers on board
Ocean-Going Vessels, as provided in DOLE Department Order No. 33,
and POEA Memorandum Circular No. 55, both Series of 1996 shall
apply in lieu of Section 20 (A), (B) and (D) of the Revised Version;
(Emphasis supplied)
It must be noted that: 1) the above TRO was lifted only on June 5, 2002; 2) Delfin's
contract with respondents was entered into on August 8, 2000; 3) he embarked on
Lady Hilde on August 17, 2000; and 4) was repatriated on August 16, 2001. Thus, as
the TRO was in effect at the time of Delfin's employment with respondents, it follows
that it is the 1996 POEA SEC provisions concerning permanent disability claims and
sickness allowance which should apply, and not those of the 2000 POEA SEC.[21]
Petitioners are not entitled to
permanent disability benefits and
sickness allowance.
Section 20 (B) of the 1996 POEA SEC reads as follows:
SECTION 20. COMPENSATION AND BENEFITS
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B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS:
The liabilities of the employer when the seafarer suffers injury or
illness during the term of his contract are as follows:
1. The employer shall continue to pay the seafarer his wages during the time
he is on board the vessel;
2. If the injury or illness requires medical and/or dental treatment in a
foreign port, the employer shall be liable for the full cost of such medical,
serious dental, surgical and hospital treatment as well as board and lodging
until the seafarer is declared fit to work or to be repatriated.
However, if after repatriation, the seafarer still requires medical attention
arising from said injury or illness, he shall be so provided at cost to the
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