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parents."[23]
The following day, Toliongco filed a Complaint for "Physical Abuse and Sexual Abuse
under Alcohol Intake"[24] against Oleksiy before the Captain. Paner and Eseo
corroborated the complaint through their written testimonies.[25] All these incidents
were entered in the Deck Log Book.[26]
Toliongco claimed that when CO Oleksiy learned about the complaint, he threatened to
kill him. Out of fear, Toliongco requested for a reliever. On July 12, 2014, he was
repatriated to the Philippines.[27]
Toliongco averred that "[u]pon arrival, he was examined by the company physicians
who found that he was sexually harassed and physically abused by CO Korolenko
Oleksiy."[28]
Months later or on November 24, 2014 Toliongco consulted Dr. Randy Dellosa (Dr.
Dellosa), a clinical psychologist, who diagnosed him with Post Traumatic Stress Disorder
(PTSD).[29] The finding was based on the following:
•
•
•
•
•
The patient directly experienced the threat of sexual violence and death;
recurrent, intrusive, and distressing memories of the traumatic incident;
persistent avoidance of the distressing memories;
persistent anger;
problem with concentration; and
•
sleep disturbance ever since the said incident happened.[30]
Dr. Dellosa's diagnosis was verified by Dr. Li-Ann Lara-Orencia who also concluded that
Toliongco cannot return to his job as a seafarer.[31]
Due to his illness, Toliongco requested for compensation from Anglo-Eastern Crew.
However, his request remained unheeded.[32]
On March 2, 2015, Toliongco filed a labor complaint "for constructive dismissal, sexual
harassment and maltreatment with prayer for the payment of disability benefits,
damages and attorney's fees" against Anglo-Eastern Crew, ANTWERP and Gregorio
Sialsa.[33] He also prayed for "payment of the unexpired portion of his contract. . . and
legal interest."[34] Toliongco claimed that he suffered from PTSD because he was
sexually harassed.[35] Allegedly, "his illness [was] analogous to the traumatic head
injuries under Section 32 of the POEA Standard Employment Contract (POEA-SEC)"
which reads:
6. Severe mental disorder or Severe Complex Cerebral function disturbance
or post-traumatic psychoneurosis which require regular aid and attendance
as to render worker permanently unable to perform any work.[36]
He asserted that he suffered an occupational disease while employed aboard the vessel
and is now "totally and permanently disabled" due to his "mental instability."[37] Thus,
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66544
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