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workers overseas.” Section 29 of the 1996 POEA SEC itself provides that
“[a]ll rights and obligations of the parties to [the] Contract, including the
annexes thereof, shall be governed by the laws of the Republic of the
Philippines, international conventions, treaties and covenants where the
Philippines is a signatory.” Even without this provision, a contract of labor is
so impressed with public interest that the New Civil Code expressly subjects
it to "the special laws on labor unions, collective bargaining, strikes and
lockouts, closed shop, wages, working conditions, hours of labor and similar
subjects.”
Thus, the Court has applied the Labor Code concept of permanent total
disability to the case of seafarers. x x x.[38]
The Labor Code defines permanent total disability under Article 192(c)(1), which
states:
ART. 192. PERMANENT TOTAL DISABILITY. – x x x
xxxx
(c) The following disabilities shall be deemed total and permanent: (1)
Temporary total disability lasting continuously for more than one hundred
twenty days, except as otherwise provided in the Rules[.] (Emphasis ours.)
This concept of permanent total disability is further explained in Section 2(b), Rule
VII of the Implementing Rules of Book IV of the Labor Code (Amended Rules on
Employees Compensation) as follows:
SEC. 2. Disability. – x x x
(b) A disability is total and permanent if as a result of the injury or
sickness the employee is unable to perform any gainful occupation for a
continuous period exceeding 120 days, except as otherwise provided for in
Rule X of these Rules. (Emphasis ours.)
The exception in Rule X of the Implementing Rules of Book IV (Amended Rules on
Employees Compensation) as mentioned above, on the other hand, pertains to an
employee’s entitlement to temporary total disability benefits under Section 2 of the
aforesaid Rule X, to wit:
SEC. 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 injury or sickness still requires medical attendance beyond
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