6/14/2021
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THIRD DIVISION
[ G.R. No. 201580, September 21, 2020 ]
ALCID C. BALBARINO (NOW DECEASED), SUBSTITUTED BY HIS
SURVIVING SIBLINGS ALBERT, ANALIZA, AND ALLAN, ALL
SURNAMED BALBARINO, PETITIONERS, VS. PACIFIC OCEAN
MANNING, INC., AND WORLDWIDE CREW, INC., RESPONDENT.
DECISION
GAERLAN, J.:
The Philippine Overseas Employment Administration-Securities and Exchange
Commission (POEA-SEC) enumerates the liabilities of the employer in case the seafarer
suffers a work-related illness or injury on-board the ocean-going vessel. It ensures a
proper balance between two things – the proper compensation of a seafarer, and the
protection of the employer against any unjustified payment.
This resolves the Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court
filed by petitioners Albert, Analiza, and Allan, all surnamed Balbarino, on behalf of Alcid
C. Balbarino (Alcid), praying for the reversal of the September 22, 2011 Decision[2] and
April 19, 2012 Resolution[3] of the Court of Appeals (CA) in CA-G.R. SP No. 116751.
The CA reversed the October 8, 2010 Decision[4] of the Panel of Voluntary Arbitrators
of the National Conciliation and Mediation Board (NCMB) which awarded disability
benefits, sickness allowance, reimbursement for medical expenses and attorney's fees
in favor of Alcid.
The Antecedents
On August 26, 2008, Alcid was re-hired by respondent Worldwide Crew, Inc.
(Worldwide), through its local manning agent co-respondent Pacific Ocean Manning[5]
as an able seaman on board the vessel M/V Coral Nettuno, a chemical/ gas tanker. This
was Alcid's fifth contract with respondents.
Under the terms of Alcid's POEA-approved Contract of Employment, the duration of his
term shall last for nine months, with a monthly salary of US$563.00.[6] His
employment contract had an overriding Collective Bargaining Agreement (CBA)
between Associated Marine Officers' and Seamen's Union of the Philippines (AMOSUP)
and Worldwide.[7]
On October 1, 2008, Alcid was declared fit to work by the company-designated
physician[8] and was deployed on-board the M/V Corral Nettuno.
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