6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
Contract provides that the seafarer shall forfeit these benefits. It said:
Failure of the seafarer to comply with the mandatory reporting requirement
shall result in his forfeiture of the right to claim the above benefits.[34]
(Emphasis and underscoring supplied)
Thus, in InterOrient Maritime Enterprises, Inc. v. Creer III,[35] the Court ruled that the
respondent's non-compliance with the three-day rule on post-employment medical
examination was fatal to his cause. As a consequence, his right to claim for
compensation and disability benefits was forfeited. The Court ruled that the complaint
should have been dismissed outright.[36]
In the case at hand, the determination of whether or not the respondent did indeed
present himself to the petitioners for medical treatment within three days from his
disembarkation resulted to varying findings of facts among the LA, NRLC, and CA,
which eventually germinated three different conclusions.
In the LA decision, the LA found that the respondent did fail to comply with the
requirement, but the LA found that "[t]here is justifiable cause for the failure to comply
with the reporting requirement as the complainant was not medically repatriated."[37]
In the same way, the NLRC likewise averred that the respondent failed to comply with
the requirement, but contrary to the LA decision, it found no justifying cause thereto.
Still, in yet another finding, the CA asserted that the respondent indeed presented
himself before the petitioners and that "there is no denying this fact."[38]
In light of these conflicting findings, the Court poured over the records of the case, and
after a detailed study thereof, rules against the respondent.
Aside from the self-serving allegations of the respondent in his pleadings, there is no
evidence that would suggest that he presented himself before the petitioners upon
disembarkation. Indeed, he presented no witnesses that would support his allegations.
He did not even bother to tell the Court who it is that he talked with in the petitioners'
office—if indeed he went to the petitioners' office—on the day of the meeting. He did
not even relay how his request for medical treatment was supposedly refused, and by
whom. No date was even alleged.
To be sure, there was a conspicuous lack of details to his supposed meeting that it has
failed to convince the LA, the NLRC, and even this Court of the truthfulness of this
allegation.
In addition, the LA decision which exempts him from the application of the mandatory
reporting requirement has no leg to stand on. The POEA Contract is clear and admits of
no exceptions, save from the instance when the seafarer is physically incapacitated to
report to the employer. In which case, Section 20(A)(c) requires him to submit a
written notice to the agency within the same period as compliance. This has not
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63966
7/11