G. R. No. 179177
21 of 29
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/179177.htm
Medical Report issued by the Dar Al Taafi, which stated that petitioner Nisda was suffering
from Myositis, or a non-specific inflammation of the muscles of the parascapular region or
[73]
chest area.
We note that petitioner Nisda was then only attended to by an Orthopedist, a
surgeon whose area of expertise is the skeletal system composed of the bones and muscles.
Petitioner Nisda was not seen by a cardiologist in Saudi Arabia even though his blood
pressure was high, high enough that he was advised to regularly monitor the same.
It is also of no moment that petitioner Nisda passed his pre-employment medical
examination before he was hired and deployed by respondent ADAMS as a seafarer. It has
been accepted that pre-employment medical examinations are usually not exploratory in
[74]
nature.
The same is not intended to be a totally in-depth and thorough examination of
an applicants medical condition. It merely determines whether one is fit to work at sea or
fit for sea service; it does not describe the real state of health of an applicant. While a
[pre-employment medical examination] may reveal enough for the [foreign employer] to
decide whether a seafarer is fit for overseas employment, it may not be relied upon to
inform petitioners of a seafarers true state of health. The [pre-employment medical
examination] could not have divulged respondents illness considering that the
examinations were not exploratory.
[75]
As a defense against any liability, respondents Sea Serve and ADAMS incessantly
posit that petitioner Nisdas POEA-SEC had already expired when the latter was repatriated
to the Philippines on 17 July 2002 and subsequently diagnosed with Coronary Artery
Disease.
We disagree.
To be sure, the duration of petitioner Nisdas POEA-SEC was 6 MONTHS
[76]
Continuation of 3 months,
or nine months entirely. Petitioner Nisda signed his
POEA-SEC on 7 August 2001; but per Sec. 2(A) of the same, it was to commence only on
22 August 2001, the date of petitioner Nisdas actual departure from the airport in the point
of hire, which was Quezon City, carrying with him his POEA-approved employment
[77]
The period of nine months, counted from 22 August 2001, expired on 21 May
contract.
2002.
1/28/2016 1:07 PM
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