Upon his return to France Homicillada had himself medically examined again. On 27 April 1994
he was repatriated to the Philippines where he underwent a series of physical examinations at the
Physicians Diagnostic Service Center, the same clinic that cleared him for work prior to his
deployment to the MV Rhine.
Initial examination indicated that Homicilladas manifestations of limping and lower back pain
were probably due to a slipped-disc.v[5] This diagnosis was later confirmed in a Medical
Evaluation Certificate dated 4 May 1994 prepared by the same clinic.vi[6] ACT-scan image of
the lower back of Homicillada revealed a Degeneration Osteo Arthropathy, lumbar spine, with
Disc Bulge, or simply a slipped-disc.vii[7] The diagnostic center recommended laminectomy and
dissection on Homicilladas lower back to alleviate his pain.viii[8] However, upon learning that
the surgery would cost approximately P40,000.00 petitioner MORE MARITIME disregarded the
recommendation and proposed instead a pelvic traction treatment which was a less costly
procedure. But this did not improve the condition of private respondent.
Thus on 6 December 1994 Homicillada filed a complaint with the POEA against petitioners for
disability and medical benefits as well as for payment of his two (2) months basic salary which
petitioners had withheld.ix[9] In their answer petitioners countered that Homicillada was not
entitled to the benefits he was demanding because his illness was pre-existing, concealed from
respondents, unrelated to his employment, or is otherwise baseless.x[10]
The POEA sustained Homicillada and ordered petitioners jointly and severally to pay the former
US$1,642.30 or 14.93% of US$11,000.00 pursuant to Appendix I-A of the Standard
Employment Contract Governing the Employment of All Filipino Seamen on Board OceanGoing Vessels at the exchange rate prevailing during actual payment. The POEA also held Alpha
Insurance Company liable as surety of MORE MARITIME.
From this ruling both parties appealed to the NLRC with Homicillada insisting that he was
entitled to more than the amount decreed by the POEA. For their part, petitioners asserted that
Homicillada was not entitled to disability benefits, reiterating that his sickness was not workconnected and was in fact already in existence prior to his deployment abroad. Petitioners further
made reference to the quitclaim which was allegedly made by Homicillada in consideration of
the post-repatriation medical treatment extended to him at the expense of the maritime agency
and that, as a consequence, he was deemed to have released and absolved petitioners from any
liability which would have been adjudged against them.
In its challenged decision of 21 February 1996 the NLRC modified the appealed judgment by
increasing the disability award to US$7,465.00 based on POEA Memorandum Circular No. 5,
which took effect 20 March 1994, upgrading the basis for disability allowance to US$50,000.00.
Petitioners moved for reconsideration which the NLRC denied in its resolution of 19 April 1996.
In this recourse, petitioners allege that the NLRC acted with grave abuse of discretion when it
completely ignored a Receipt and Release dated 16 August 1994 purportedly signed by
Homicillada in favor of More Maritime Agencies while the case was pending in POEA, and
affirming the finding of the POEA that the illness of Homicillada was work-connected.