been established by substantial evidence that petitioner was signed off from the
vessel on 15 May 2004 following the expiration of his employment contract and
was repatriated to the Philippines on 19 May 2004; during his employment on
board M/V Pax Phoenix, there was no incident; and upon his arrival in the
Philippines, he made no report to private respondents of any ailment or injury
allegedly suffered on board said vessel.
The dispositive portion of the assailed decision[20] of the Court of Appeals
reads:
WHEREFORE, premises considered, the Petition is DENIED for lack of
merit. No costs.
The motion for reconsideration filed by petitioner was likewise denied by
the Court of Appeals in a Resolution dated 25 September 2008.[21] Hence, this
petition is based on the following grounds:
I. THE HONORABLE COURT OF APPEALS SERIOUSLY ERREED IN
DISMISSING THE PETITION ON THE GROUND THAT PETITIONER DID
NOT COMPLY WITH THE MANDATORY REPORTING REQUIREMENT,
CONTRARY
TO
FACTS,
EVIDENCE
AND
PREVAILING
JURISPRUDENCE.
II. THE HONORABLE COURT OF APPEALS BLATANTLY MISAPPLIED
SEC. 20 (B) OF THE POEA SEC. WHEN IT HELD THAT IT IS THE
COMPANY-DESIGNATED PHYSICIAN WHO MUST PROCLAIM THAT
THE SEAMAN SUFFERED FROM PERMANENT DISABILITY, CONTRARY
TO PREVAILING JURISPRUDENCE.
III. THE HONORABLE COURT OF APPEALS BLATANTLY MISAAPLIED
SEC. 20 (B) OF THE POEA SEC. WHEN IT DENIED THE PETITION ON
THE GROUND THAT PETITIONER WAS REPATRIATED DUE TO A
FINISHED CONTRACT.
IV. THE HONORABLE COURT OF APPEALS ERRED WHEN IT REQUIRED
PETITIONER TO PRESENT CONCRETE PROOF THAT HE ACQUIRED OR
CONTRACTED THE INJURY OR ILLNESS, CONTRARY TO PREVAILING
JURISPRUDENCE.
V. PETITIONER IS ENTITLED TO PERMANENT DISABILITY BENEFITS.
VI. PETITIONER IS ENTITLED TO ATTORNEY’S FEES.[22]