Court is left with no choice but to deny his petition, lest an injustice be caused to
the employer. Otherwise stated, while it is true that labor contracts are impressed
with public interest and the provisions of the POEA SEC must be construed
logically and liberally in favor of Filipino seamen in the pursuit of their
employment on board ocean-going vessels, still the rule is that justice is in every
case for the deserving, to be dispensed with in the light of established facts, the
applicable law, and existing jurisprudence.32[32]
Lastly, it appears premature at this time to consider petitioner’s disability as
permanent and total because the severity of his ailment has not been established
with finality to render him already incapable of performing the work of a seafarer.
In fact, the medical expert termed his condition as brief psychotic disorder. The
Court also takes note, as the CA correctly did, that petitioner did not finish his
treatment with the company-designated physician, hence, there is no final
evaluation yet on petitioner.
All told, no reversible error was committed by the CA in rendering the assailed Decision and
issuing the questioned Resolution.
WHEREFORE, the October 29, 2008 Decision of the Court of Appeals and its March 4, 2009
Resolution in CA-G.R. SP No. 104343, are AFFIRMED.
32[32] Supra note 1.
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