7/7/2021
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But assuming arguendo that Enrique was repatriated for medical treatment
as he claimed, the above-quoted provision clearly provides that it is
mandatory for a seaman to submit himself to a post-employment
medical examination within three (3) working days from his arrival
in the Philippines before his right to a claim for disability or death
benefits can prosper. The provision, however, admits of exception, i.e.,
when the seafarer is physically incapacitated to do so, but there must be a
written notice to the agency within the same period for the seaman to be
considered to have complied with the 3-day rule. The 3-day mandatory
reporting requirement must be strictly observed since within 3 days
from repatriation, it would be fairly manageable for the physician to
identify whether the disease for which the seaman died was
contracted during the term of his employment or that his working
conditions increased the risk of contracting the ailment.
In this case, Enrique admitted that he had his physical examination at the
UDMC on January 6, 1997, which was more than a month from his arrival in
the
Philippines,
and
his
x-ray
result
showed
that
he
had
pneumonia/tuberculosis foci. Clearly, Enrique failed to comply with the
required post-employment medical examination within 3 days from
his arrival and there was no showing that he was physically
incapacitated to do so to justify his noncompliance. Since the
mandatory reporting is a requirement for a disability claim to
prosper, Enrique's non-compliance thereto forfeits petitioners' right
to claim the benefits as to grant the same would not be fair to
respondents.[37] (Emphasis supplied, citations omitted)
Moreover, in the case of Tagud v. BSM Crew Service Centre Phils., Inc./Duran[38]
(Tagud Case), the Court denied the seafarer's disability claims for failure to comply
with this three-day mandatory reporting requirement despite allegation of the
employer's refusal to examine and treat the seafarer upon repatriation, thus:
It is stated in Section 20 (B)(3) of the 2000 POEA-SEC that a seafarer, upon
signing off from the vessel for medical treatment, is required to submit
himself to a post-employment medical examination by a companydesignated physician within three working days upon his return. The only
exception is when the seafarer is physically incapacitated to do so, in which
case, the seafarer must give a written notice to the agency within three
working days in order to have complied with the requirement. Otherwise, he
forfeits his right to claim his sickness allowance and disability benefits.
In Heirs of the Late Delfin Dela Cruz v. Philippine Transmarine Carriers, Inc.,
[39] we held that the three-day mandatory reporting requirement must be
strictly observed since within three days from repatriation, it would be fairly
manageable for the company-designated physician to identify whether the
illness or injury was contracted during the term of the seafarer's
employment or that his working conditions increased the risk of contracting
the ailment. Moreover, the post-employment medical examination within
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