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not even cite the name of their company-designated physician who would have
assessed the medical condition of De Andres. Thus, it is clear that it was the
respondents who prevented the submission of De Andres to a post-employment
medical examination.
Indeed, De Andres did his part when he immediately reported to Diamond H within
three (3) working days from repatriation. Consequently, it was the duty of the employer
to refer him to a company-designated physician for a post-employment medical
examination knowing fully well that he had a claim for disability benefits. The
respondents, however, failed to do so. Instead, they outrightly denied his claims
because of the quitclaim he signed. The validity of the said quitclaim shall be discussed
infra.
In fine, the exception to the reportorial requirement applies in this case because the
seafarer was prevented by the employer from submitting himself to a post-employment
medical examination by a company-designated physician. Thus, the disability claim of
De Andres is not forfeited.
The quitclaim presented by
the respondents is invalid
The primary reason for the respondents' upfront denial of De Andres' disability claims
was the MOA signed by the latter which, to them, constituted as a quitclaim. It stated
that the respondents agreed to pay De Andress NT$40,000.00 and gave him a plane
ticket back to the Philippines; and that, in return, he would not file any complaint or
sue the respondents in the future. De Andres asserted, however, that he was forced to
sign the agreement.
To be valid, a Deed of Release, Waiver and/or Quitclaim must meet the following
requirements: (1) that there was no fraud or deceit on the part of any of the parties;
(2) that the consideration for the quitclaim is sufficient and reasonable; and (3) that
the contract is not contrary to law, public order, public policy, morals or good customs,
or prejudicial to a third person with a right recognized by law. Courts have stepped in
to invalidate questionable transactions, especially where there is clear proof that a
waiver, for instance, was obtained from an unsuspecting or a gullible person, or where
the agreement or settlement was unconscionable on its face. A quitclaim is ineffective
in barring recovery of the full measure of a worker's rights, and the acceptance of
benefits therefrom does not amount to estoppel. Moreover, a quitclaim in which the
consideration is scandalously low and inequitable cannot be an obstacle to the pursuit
of a worker's legitimate claim.[28]
The Court finds that the MOA is not a valid quitclaim.
First, the MOA had an unreasonable consideration which was greatly disproportionate to
the injury that De Andres suffered. To recall, he sustained an open fracture injury on
his left lower leg with an 8 cm in size open wound which had bone exposure and active
bleeding. Due to the seriousness of his injury, he was subjected to three (3) separate
operations. The gravity of his injury left him incapacitated for almost a year until he
was repatriated on February 5, 2010. Even in the Philippines, De Andres continued to
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