3/25/2021
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said vessel."
By petitioners' own statement, they reveal their utter lack of concern for
their Filipino crew. This kind of attitude cannot be taken to pass by this
Court without appropriate sanction by way of payment of exemplary
damages, if only to show that the life of a Filipino crew must be accorded
due attention and respect by the petitioners. For after all, had it not been for
the toils of this crew, among others, petitioners would not be doing as good
in their business and making "fortunes in dollars."
In affirming the decision of the Labor Arbiter, this Court finds that the NLRC
never abused its discretion nor exceeded its jurisdiction.
Hence, this Court finds no valid basis to disturb the findings of the NLRC.
WHEREFORE, the decision of the NLRC dated 29 July 1998, and the Order
dated 20 May 1999, are hereby AFFIRMED, and in addition thereto,
petitioners are ordered to pay exemplary damages to private respondent in
the sum of Fifty Thousand Pesos (P50,000.00).
SO ORDERED.
Petitioners' motion for reconsideration was denied by the Court of Appeals in its
Resolution of 11 February 2000. Hence, the present appeal.
Disability Benefits
Petitioners contend that the existence and degree of a seaman's disability must be
declared by a "company-designated physician" who must be accredited with the POEA.
Following this line of reasoning, petitioners claim that private respondent is not entitled
to disability benefits because he was found fit to return to work by Dr. Victoria Florendo
Cayabyab, the designated physician of petitioners, who is also accredited with the
POEA.[7]
Disagreeing with petitioners' stand, the labor arbiter ruled that, for purposes of
determining compensation benefits under the Standard Employment Contract, an ailing
seaman need not have his condition assessed by a doctor or hospital accredited with
the POEA. Consequently, the labor arbiter gave more weight to the opinion of the
specialists from the Manila Doctors Hospital who treated private respondent and
declared him as having sustained a partial permanent disability and unfit to go back to
his previous work.[8] Meanwhile, the Court of Appeals held that petitioners' act of
committing private respondent for treatment at the Manila Doctors Hospital and of
paying his hospital bills therein is tantamount to "company-designation," and therefore,
the certificate issued by Dr. Nanette Domingo-Reyes of the Manila Doctors Hospital
describing private respondent as suffering from a partial permanent disability should be
construed as decisive in the matter of private respondent's entitlement to disability
benefits. The appellate court also declared that nothing in the Standard Employment
Contract requires the company-designated physician or hospital to also be accredited
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