In light of this ruling, the following questions may be asked: What if the
seafarer reported to his employer but despite his request for a post-employment
medical examination, the employer, who is mandated to provide this service under
POEA Memorandum Circular No. 055-96, did not do so? Would the absence of a
post-employment medical examination be taken against the seafarer?
Both parties in this case admitted that Lutero was confined in a hospital in
Dubai for almost one week due to atrial fibrillation and congestive heart failure.
Undeniably, Lutero suffered a heart ailment while under the employ of petitioners.
This fact is duly established. Respondent has also consistently asserted that 2-3
days immediately after his repatriation on April 19, 1999, Lutero reported to the
office of Interorient, requesting the required post-employment medical
examination.
However, it appears that, instead of heeding Lutero's request,
Interorient conveniently prioritized the execution of the Acknowledgment and
Undertaking which were purportedly notarized on April 20, 1999, thus leaving
Lutero in the cold. In their pleadings, petitioners never traversed this assertion and
did not meet this issue head-on. This self-serving act of petitioners should not be
condoned at the expense of our seafarers. Therefore, the absence of a postemployment medical examination cannot be used to defeat respondent’s claim
since the failure to subject the seafarer to this requirement was not due to the
seafarer’s fault but to the inadvertence or deliberate refusal of petitioners.
Moreover, we attach little evidentiary value to the Acknowledgment and
Undertaking purportedly executed by Lutero, which is in the nature of a waiver
and/or quitclaim. As a rule, quitclaims, waivers, or releases are looked upon with