6/8/2020
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6. In case of permanent total or partial disability of the seafarer caused by
either injury or illness, the seafarer shall be compensated in accordance with
the schedule of benefits enumerated in Section 32 of his Contract.
Computation of his benefits arising from an illness or disease shall be
governed by the rates and the rules of compensation applicable at the time
the illness or disease was contracted. [Emphasis supplied]
Considering that petitioner executed an overseas employment contract with respondent
company in November 1999, the 1996 POEA-SEC should govern. The 2000 POEA-SEC
initially took effect on June 25, 2000. Thereafter, the Court issued the Temporary
Restraining Order (TRO) which was later lifted on June 5, 2002. This point was
discussed in the case of Coastal Safeway Marine Services, Inc. v. Leonisa Delgado,[4]
where it was written:
The employment of seafarers, including claims for death benefits, is
governed by the contracts they sign every time they are hired or
rehired; and as long as the stipulations therein are not contrary to law,
morals, public order or public policy, they have the force of law between the
parties. While the seafarer and his employer are governed by their mutual
agreement, the POEA rules and regulations require that the POEA Standard
Employment Contract be integrated in every seafarer’s contract.
A perusal of Jerry’s employment contract reveals that what was expressly
integrated therein by the parties was DOLE Department Order No. 4, series
of 2000 or the POEA Amended Standard Terms and Conditions Governing
the Employment of Filipino Seafarers on Board Ocean-Going Vessels, and
POEA Memorandum Circular No. 9, series of 2000. However, POEA had
issued Memorandum Circular No. 11, series of 2000 stating that:
In view of the Temporary Restraining Order issued by the Supreme Court in
a Resolution dated 11 September 2000 on the implementation of certain
amendments of the Revised Terms and Conditions Governing the
Employment of Filipino Seafarers on Board Ocean-Going Vessels as
contained in DOLE Department Order No. 04 and POEA Memorandum
Circular No. 09, both Series of 2000, please be advised of the following:
Section 20, Paragraphs (A), (B) and (D) of the former
Standard Terms and Conditions Governing the Employment of
Filipino Seafarers on Board Ocean-Going Vessels, as provided in
DOLE Department Order No. 33, and POEA Memorandum Circular
No. 55, both Series of 1996 shall apply in lieu of Section 20
(A), (B) and (D) of the Revised Version;
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