6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
under Section 20-B(3) of the POEA-SEC but this is on the presumption that the
company-designated physician had already issued a certification as to his fitness or
disability and he finds this disagreeable.[38] The Court is thus unconvinced to put
weight on the findings of Dr. Pascual given that respondent has breached his duty to
comply with the procedure prescribed by the POEA-SEC.
WHEREFORE, the Petition is GRANTED. The June 27, 2013 Decision and February 5,
2014 Resolution of the Court of Appeals in CA-G.R. SP No. 124003 are REVERSED and
SET ASIDE. Celestino M. Hernandez, Jr.'s complaint docketed as NLRC OFW Case No.
(M) 07-09866-10 is DISMISSED.
SO ORDERED.
Leonardo-De Castro,** Jardeleza, and Tijam, JJ., concur.
Sereno, C.J., on leave.
** Acting Chairperson per Special Order No. 2540 dated February 28, 2018.
[1] Rollo, pp. 11-30.
[2] Id. at 32-41; penned by Associate Justice Ricardo R. Rosario and concurred in by
Associate Justices Rosmari D. Carandang and Leoncia Real-Dimagiba.
[3] Id. at 43.
[4] Id. at 256-264; penned by Presiding Commissioner Leonardo L. Leonida and
concurred in by Commissioners Dolores M. Peralta-Beley and Mercedes R. PosadaLacap.
[5] Id. at 280-281.
[6] Id. at 111.
[7] Id. at 112.
[8] See CA Decision, id. at 33.
[9] See Medical Report dated February 9, 2010 and March 4, 2010, id. at 64-65 and 68,
respectively.
[10] See Medical Report dated February 18, 2010, id. at 67.
[11] See Medical Report dated March 26, 2010 and Metropolitan Medical Center
Operation Sheet dated March 26, 2010, id. at 71 and 123-124, respectively.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64152
9/11