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happened in this case.
More, when the CA decision admitted the respondent's allegations as fact, it has
pointed to no evidence that would support this assertion. On this issue, the CA decision
stated the following, and nothing more:
There is no denying that petitioner tried to comply with the mandatory 3day medical examination deadline provided in Section 20(B), paragraph (3)
of the POEA-SEC by going to private respondent MANSHIP's office after his
repatriation on February 2, 2011 and requesting referral to the companydesignated physician. However, private respondent MANSHIP refused to
accommodate him and ignored his request. Section 20 (B), paragraph (3) of
the POEA-SEC reads:[39]
xxxx
Thus, against this factual backdrop, the respondent would be hard-pressed to convince
the Court of his arguments. And in this light, the Court could enter no other conclusion
than that the respondent failed to comply with the requirements of Section 20(A)(c) of
the POEA Contract. Necessarily therefore, the ruling of the CA and the LA must be
reversed and set aside.
In view of the foregoing disquisitions, the Court thus finds no need to discuss the other
issues presented.
As a final word, the Court has time and again upheld the primacy of labor, for it is
through the effort of the Filipino worker that the economy is stirred and is steered to
the right direction. However, as before, the Court shall not be an instrument to the
detriment of the employer if the most basic rules in the POEA Contract are not complied
with as in this case.
WHEREFORE, premises considered, the Decision and Resolution of the Court of
Appeals dated October 29, 2014 and February 24, 2015, respectively, are hereby
REVERSED and SET ASIDE. The Decision of the National Labor Relations Commission
dated June 10, 2013, which reversed and set aside the Decision of the Labor Arbiter
dated July 31, 2012 and dismissed the Complaint for lack of merit, is hereby
REINSTATED.
SO ORDERED.
Carpio, (Chairperson), Leonardo-De Castro,* Perlas-Bernabe, and Caguioa, JJ., concur.
* Additional member as per raffle dated April 15, 2015.
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