6/7/2020
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WHEREFORE, premises considered, judgment is hereby rendered ordering
respondents Diamond H Marine Services & Shipping Agency Inc./Wu
Chun Hua/Ruben J. Turingan to pay jointly and severally complainant
Wilmer O. De Andres, the following:
1. SIXTY THOUSAND US DOLLARS (US$60,000.00) representing his
total permanent disability benefits;
2. SIX THOUSAND US DOLLARS (US$6,000.00) - attorney's fees;
3. THREE
HUNDRED
THOUSAND
NEW
TAIWAN
DOLLARS
(NT$300,000.00) - compensation benefits (Clause 10 of his
contract);
4. SIXTY NINE THOUSAND ONE HUNDRED TWENTY NEW TAIWAN
DOLLARS (NT$69,120.00) - sickness allowance;
5. EIGHTY THOUSAND THREE HUNDRED TWENTY NEW TAIWAN
DOLLARS (NT$80,320.00) - salary differential; and
6. FORTY FOUR THOUSAND NINE HUNDRED FORTY FOUR NEW
TAIWAN DOLLARS (NT$44,944.00) - attorney's fees.
or the equivalent in Philippine Peso at the prevailing rate of exchange at the
time of actual payment.
All other claims are DISMISSED for lack of merit.
SO ORDERED.[13]
Aggrieved, the respondents elevated an appeal to the NLRC.
The NLRC Ruling
In its January 18, 2012 Decision, the NLRC reversed and set aside the LA ruling. It
stated that De Andres failed to comply with the mandatory reportorial requirement. The
NLRC observed that although he went to Diamond H on the next working day of his
repatriation, he did not submit himself to the medical examination of the companydesignated physician. Thus, the NLRC concluded that he was barred from demanding
disability benefits. The other awards granted by the LA were also deleted by the NLRC
due to insufficient basis. The fallo reads:
IN VIEW WHEREOF, the respondents' appeal is GRANTED and the
appealed Decision is hereby REVERSED and SET ASIDE. The Complaint is
DISMISSED for lack of cause of action.
SO ORDERED.[14]
The CA Ruling
In its assailed July 31, 2014 Decision, the CA affirmed the NLRC ruling. It wrote that De
Andres indeed failed to comply with the mandatory reportorial requirement. The CA
stressed that the failure of the seafarer to report to the company-designated physician
within three (3) working days upon return shall forfeit his right to claim any benefit. It
also opined that the MOA, wherein De Andres waived all claims against the
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