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SCRA 601.
[40] Rollo, p. 305.
[41] Austria v. Crystal Shipping, Inc., G.R. No. 206256, February 24, 2016 and
Magsaysay Maritime Corp., et al. v. NLRC (2nd Division), et al., 630 Phil. 352, 362
(2010).
[42] As discussed herein, Ihe material statutory provisions are Articles 191 to 193,
Chapter VI (Disability Benefits) of the Labor Code, in relation with Rule X of the Rules
and Regulations Implementing Book IV of the Labor Code. By contract, the POEA-SEC,
as provided under Department Order No. 4, series of 2000 of the Department of Labor
and Employment, and the parties' CBA bind the seaman and his employer to each
other.
[43] LABOR CODE, Arts. 191-193.
[44] Section 2. Period of entitlement. - (a) The income benefit shall be paid beginning
on the first day of such disability. If caused by an injury or sickness it shall not be paid
longer than 120 consecutive days except where such injury or sickness still requires
medical attendance beyond 120 days but not to exceed 240 days from onset of
disability in which case benefit for temporary total disability shall be paid. However, the
System may declare the total and permanent status at anytime after 120 days of
continuous temporary total disability as may be warranted by the degree of actual loss
or impairment of physical or mental functions as determined by the System.
[45] Austria v. Crystal Shipping, Inc., supra note 41 and Magsaysay Maritime Corp., et
al. v. NLRC (2nd Division), et al., supra note 41.
[46] G.R. No. 165156, April 2, 2007.
[47] New Civil Code, Art. 1306. The contracting parties may establish such stipulations,
clauses, terms and conditions as they may deem convenient provided they are not
contrary to law, morals, good customs, public order, or public policy.
[48] Esguerra v. United Philippines Lines, Inc., G.R. No. 199932, July 3, 2013, citing
Seagull Maritime Corp. v. Dee, 548 Phil. 660, 671 (2007).
[49] Philippines Transmarine Carriers, Inc. v. NLRC, G.R. No. 123891, February 28,
2001.
[50] United Philippine Lines, Inc. v. Sibug, G.R. No. 201072, April 2, 2014 and Fil-Pride
Shipping Company, Inc., et al. v. Balasta, G.R. No. 193047, March 3, 2014.
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