5/28/2020
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Camote,[13] where it was written:
xxx a subsequently executed side agreement of an overseas contract worker
with the foreign employer is void, simply because it is against our existing
laws, morals and public policy. The subsequent agreement cannot supersede
the terms of the standard employment contract approved by the POEA.
Assuming arguendo that petitioner entered into an agreement with the
foreign principal for an extension of his contract of employment, sans
approval by the POEA, the contract that governs petitioner's employment is
still the POEA-SEC until his repatriation. As far as Philippine law is
concerned, petitioner's contract of employment with respondents was
concluded only at the time of his repatriation on August 30, 2006.
Further, the CA explained that a declaration from the company-designated physician as
to the fitness or unfitness of a seafarer to continue his sea-duties is sanctioned by
Section 20(B)(3) of the POEA-SEC. There being no declaration made by the companydesignated physician within the 120-day period as to the fitness of Caseñas, the CA
opined that he was undoubtedly entitled to disability benefits.
APQ filed a motion for reconsideration, while Caseñas filed his Comment/Opposition. On
June 1, 2011, the CA denied the motion for lack of merit.
Hence, this petition.
GROUNDS
THE HONORABLE COURT OF APPEALS ERRED IN REVERSING AND
SETTING ASIDE THE DECISION AND RESOLUTION OF THE NLRC
DATED 14 OCTOBER 2009 AND 27 NOVEMBER 2009, AND
REINSTATING THE NLRC’S RESOLUTION DATED 22 JUNE 2009,
CONSIDERING THAT:
A. PRIVATE RESPONDENT’S CONTRACT OF EMPLOYMENT WAS
NEVER EXTENDED BY THE COMPANY NOR BY THE PRINCIPAL
B. PRIVATE RESPONDENT’S CLAIM FOR DISABILITY BENEFITS,
SICKNESS ALLOWANCE AND UNPAID WAGES ALL ACCRUED
AFTER
THE
EXPIRATION
OF
THE
CONTRACT
OF
EMPLOYMENT[14]
The pivotal issue for resolution is whether or not the employment contract of Caseñas
was extended with the consent of APQ/Crew Management.
The Court rules in the affirmative.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56987
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