6/8/2020
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The POEA Administrator, in finding petitioners liable to private respondent for medical
benefits accruing to the latter under the Social Insurance Law of Saudi Arabia, took
judicial notice of the said law. To this extent, the POEA Administrator's actuations are
legally defensible. We have earlier ruled in Norse Management Co. (PTE) vs. National
Seamen Board[12] that evidence is usually a matter of procedure of which a mere
quasi-judicial body is not strict about. Although in a long line of cases, we have ruled
that a foreign law, being a matter of evidence must be alleged and proved, in order to
be recognized and applied in a particular controversy involving conflicts of laws,
jurisprudence on this matter was not meant to apply to cases before administrative or
quasi-judicial bodies in the light of the well-settled rule that administrative and quasijudicial bodies are not bound strictly by technical rules.[13] Nonetheless, only to this
extent were the acts of the POEA Administrator amply supported by the law. Her actual
application thereof, however, is starkly erroneous.
Section 6(a) of the Overseas Employment Agreement entered into and signed by the
private parties herein, provides that "Workmen's Compensation insurance benefits will
be provided within the limits of the compensation law of the host country."[14] That
compensation for disability was to be provided in accordance with the law of the host
country, Saudi Arabia, is a necessary consequence of the compulsory coverage under
the General Organization for Social Insurance Law of Saudi Arabia (hereafter, "GOSI
Law of Saudi Arabia"), upon all workers, regardless of nationality, sex or age, who
render their services within the territory of Saudi Arabia by virtue of a labor contract.
Article 49 of the GOSI Law of Saudi Arabia provides that the General Organization shall
pay to the beneficiaries the insurance compensation, the employer being under no
obligation to pay any allowance to the insured or to his heirs unless the injury has been
intentionally caused by the employer or the injury has occurred by reason of the latter's
gross error or failure to abide by the GOSI Law or the rules relating to occupational
health and safety.[15]
Under the GOSI Law of Saudi Arabia as pleaded by petitioners clearly the obligation to
pay medical benefits as compensation for work-related injury or illness, devolves upon
the General Organization and not upon petitioners. Furthermore, after taking judicial
notice of the GOSI Law of Saudi Arabia, the POEA Administrator considered the said law
as one of a similar nature as that of our own compensation laws. Thus, in awarding the
medical benefits to private respondent, she rationalized the same by quoting Article
166 of the Labor Code of the Philippines which provides that "the State shall promote
and develop a tax-exempt employees' compensation program whereby employees x x x
in the event of work-connected disability or death, may promptly secure adequate
income benefit and medical or related benefits." Indeed, we may postulate further that
the policies underlying our compensation laws and the GOSI Law of Saudi Arabia being
similar, the nature thereof could not be so dissimilar. Suffice it to say that our own
compensation program imposes on the employer nothing more than the obligation to
remit monthly premiums to the State Insurance Fund and it is the latter, not the
employer, on which is laid the burden of compensating the employee for any disability;
in fact, once the employer pays his share to the fund, all obligation on his part to his
employees is ended.[16] No showing at all has there been that petitioners had failed to
comply with its obligations as employer under the GOSI Law of Saudi Arabia.
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