In the case of “Status Maritime Corporation, and Admibros
Shipmanagement Co., Ltd., vs. Rodrigo C. Doctolero”26, OFW-Chief Officer
Rodrigo C. Doctolero suffered an illness while working on board the M/V
Dimitris Manios II. On January 22, 2007, Doctolero filed before the NLRC his
complaint demanding payment of total and permanent disability benefits,
reimbursement of medical and hospital expenses, sick wage allowance, moral
and exemplary damages, and legal interest on his claims.
On July 18, 2008, the Labor Arbiter dismissed the complaint for lack
of merit. According to the decision, the initial diagnosis of gastritis-duodenitis
was not one of those listed as an occupational illness in the Philippine
Overseas Employment Administration Standard Employment Contract
(POEA-SEC) and that no evidence was adduced to establish that such illness
had been caused or aggravated by the working conditions on board the
vessel.27
On appeal, the NLRC modified the Labor Arbiter’s decision. In its
decision dated August 18, 2009, the NLRC affirmed the Labor Arbiter’s
finding that there was no basis to award sickness allowance and disability pay,
but also held that the petitioner was liable for reimbursement for the cost of
Doctolero’s medical treatment in Mexico City in the amount of US$7,040.65.
Unhappy with the NLRC’s decision, Doctolero elevated the case
before the Court of Appeals by way of petition for review on certiorari under
Rule 65 of the Rules of Court. In its Decision dated March 17, 2011, the Court
of Appeals ruled in favor of Doctolero and awarded in his favor: (a)
permanent and total disability benefits in the amount of US$60,000.00, or its
equivalent in Philippine pesos at the time of payment; (b) moral and
exemplary damages in the amount of PhP100,000.00; (c) US$7,040.65 as
reimbursement of the cost of his medical treatment in Mexico City; (d) legal
interest on the monetary awards; (e) sick wage allowance equivalent to 120
days of hid basic salary; and (f) attorney’s fees equivalent to 10% of the total
award.
The manning agency elevated the case before the Supreme Court by
way of petition for review on certiorari under Rule 45 of the Rules of Court. In
its decision dated January 18, 2017, the Supreme Court ruled in favor of the
petitioning agency. The Supreme Court reversed and set aside the decision of
the Court of Appeals and reinstated the decision of the NLRC dated August
18, 2009.
After ten (10) years of litigation, Doctolero got nothing more than
US$7,040.65 as reimbursement of the cost of his medical treatment in Mexico
City.
26
27
G.R. No. 198968, January 18, 2017
Ibid.
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