6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly In its Decision, dated May 20, 2011, the LA granted De Andres sickness allowance, payment for salary differentials, insurance compensation, and attorney's fees. The said decision, however, was set aside by the NLRC. Notably, when the petition for certiorari was filed before the CA, these deleted awards were not included in the issues.[35] When the case eventually reached this Court, De Andres no longer raised the issue of whether he was entitled to these benefits. Thus, these matters cannot be tackled as only issues raised on appeal may be entertained by the appellate court. Basic is the rule that issues or grounds not raised below cannot be resolved on review by the Supreme Court, for to allow the parties to raise new issues is antithetical to the sporting idea of fair play, justice and due process.[36] The only issues raised by De Andres in this petition are whether the MOA was a valid quitclaim and whether he is entitled to permanent and total disability benefits under the POEA-SEC. As the Court finds in the affirmative, De Andres is entitled to the amount of US$60,000.00 as permanent and total disability benefits. Final Note The Court laments that the employer of a seafarer resorted to insensitive quitclaims to avoid any disability claims. Section 20 (B) (3) specifically outlines the procedure in determining the proper compensation of a seafarer's disability. The rigorous process therein aims to provide a fair and definitive assessment on the seafarer's medical condition and to ensure that they will receive a just compensation for their injuries. At the same time, it protects the interest of the employer by ensuring that only genuine disability or injuries shall be entitled to compensation. Although there is nothing in the law which prevents the employer and the seafarer from entering into a quitclaim to avoid legal controversies, the same must be fair, reasonable, and properly explained to the seafarer. To frustrate the provisions of the POEA-SEC by forging erroneous and prejudicial quitclaims would defeat its expedient and systematic processes and lead to protracted litigation. The Court will not think twice in striking down invalid agreements in order to uphold the constitutional obligation of the State to give fullest aid and protection to labor. WHEREFORE, the petition is GRANTED. The July 31, 2014 Decision and the March 12, 2015 Resolution of the Court of Appeals in CA-G.R. SP No. 124862 are hereby REVERSED and SET ASIDE. The May 20, 2011 Decision of the Labor Arbiter in NLRC OFW Case No. (M) 02-02844-10 is hereby REINSTATED but MODIFIED to read as follows: WHEREFORE, judgment is hereby rendered ordering respondents Diamond H Marine Services & Shipping Agency Inc., Wu Chun Hua, Ruben J. Turingan to pay jointly and severally complainant Wilmer O. De Andres SIXTY THOUSAND US DOLLARS (US$60,000.00), or the equivalent in Philippine Peso at the prevailing rate of exchange at the time of actual payment, representing his total and permanent disability benefits. All other claims are DISMISSED for lack of merit. SO ORDERED. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63281 13/15