RESOLUTION
G.R. No. 214334
November 17, 2014
3
Ascribing grave abuse of discretion, petitioners elevated the adverse
NLRC ruling to the Court of Appeals. On 11 July 2014, the Court of
Appeals affirmed the ruling of the NLRC, dismissing the complaint for
recovery of disability benefits filed by Repizo. For failing to show that the
conclusion reached by the NLRC was attended by capricious and
whimsical exercise of judgment, the appellate court sustained the NLRC.
Similarly ill-fated was Repizo's Motion for Reconsideration which
was denied by the appellate court in a Resolution dated 12 September
2014.
The Issues
Unyielding, Repizo is now before this Court via this instant Petition
for Review on Certiorari assailing the Courts of Appeals' Resolutions
while raising the following issues:
THE HONORABLE COURT OF APPEALS COMMITED A
REVERSIBLE ERROR BY RULING THAT REPIZO WAS NOT
MEDICALLY REPATRIATED;
I.
II.
THE HONORABLE COURT OF
REVERSIBLE ERROR BY RULING
ENTITLED TO DISABILITY BENEFITS
NOT WORK-RELATED EVEN WHEN
EVIDENCE TO THE CONTRARY. 5
APPEALS COMMITED A
THAT REPIZO IS NOT
BECAUSE HIS ILLNESS IS
THERE IS SUBSTANTIAL
The Court's Ruling
The Court resolves to deny the petition.
Entitlement of seamen on overseas work to disability benefits is a
matter governed, not only by medical findings, but by law and by contract.
The material statutory provisions are Articles 191 to 193 under 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-[Standard Employment Contract (SEC)], as provided
under Department Order No. 4, series of 2000 of the Department of Labor
and Employment, and the parties' Collective Bargaining Agreement
(CBA) bind the seaman and his employer to each other. 6
6
Petition for Review on Certiorari. Id. at 7.
Magsaysay Maritime Corporation v. NLRC, G.R. No. 186180, 22 March 2010, 616 SCRA 362,
372-373.
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