G. R. No. 179177
16 of 29
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm
Respondents Sea Serve and ADAMS oppose petitioner Nisdas claims by arguing
that petitioner Nisda cannot base his claim for disability benefits under Sec. 20(B) of his 7
August 2001 POEA-SEC, because [t]his section specifically provides for the liabilities of
the employer for an injury or illness suffered by a seaman during the term of his
[60]
contract.
Since [p]etitioner filed disability claims for injuries suffered after the
[61]
expiration of the first contract [i.e., the 7 August 2001 POEA-SEC],
the NLRC
correctly ruled that it cannot acquire jurisdiction over claims arising out of contracts
without the necessary approval of the POEA [i.e., the subsequent 30 August 2001
[62]
employment contract].
Taking into consideration the arguments of the parties, the provisions of petitioner
Nisdas POEA-SEC, as well as the law and jurisprudence on the matter, we rule that
petitioner Nisda is entitled to disability benefits.
As with all other kinds of worker, the terms and conditions of a seafarers
employment is governed by the provisions of the contract he signs at the time he is hired.
But unlike that of others, deemed written in the seafarers contract is a set of standard
provisions set and implemented by the POEA, called the Standard Terms and Conditions
Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels, which
are considered to be the minimum requirements acceptable to the government for the
employment of Filipino seafarers on board foreign ocean-going vessels. Thus, the issue of
whether petitioner Nisda can legally demand and claim disability benefits from respondents
Sea Serve and ADAMS for an illness suffered is best addressed by the provisions of his
POEA-SEC, which incorporated the Standard Terms and Conditions Governing the
Employment of Filipino Seafarers on Board Ocean-Going Vessels. When petitioner Nisda
was employed on 7 August 2001, it was the 2000 Amended Standard Terms and Conditions
[63]
Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels
(hereinafter referred to simply as Amended Standard Terms and Conditions for brevity) that
applied and were deemed written in or appended to his POEA-SEC.
Sec. 20(B), paragraph 6, of the 2000 Amended Standard Terms and Conditions
provides:
SECTION 20. COMPENSATION AND BENEFITS
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