8/27/2020
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Similarly, here, petitioner claims to be entitled to moral and exemplary damages
because respondents refused to pay their contractual obligations in bad faith. He
alleges that they employed a scheme to deceive and escape their liability.
The award of moral damages is proper. Respondents insist that petitioner failed to
follow the procedure when they themselves committed a breach by keeping petitioner
in the dark about his medical assessment. Despite this, respondents, in bad faith,
disregarded the findings of petitioner's chosen physicians as petitioner supposedly
failed to consult a third doctor. Due to respondents' delay, petitioner was left on his own
after they had stopped supporting his treatment and therapy.
In addition, the award of exemplary damages is correct by way of example or
correction for the public good. Accordingly, it is also proper to grant attorney’s fees.
VI
Petitioner claims that he is entitled to sickness allowance and reimbursement of medical
and transportation expenses under Section 20(A)(3) of the POEA Standard Employment
Contract, which states:
3. In addition to the above obligation of the employer to provide medical
attention, the seafarer shall also receive sickness allowance from his
employer in an amount equivalent to his basic wage computed from the time
he signed off until he is declared fit to work or the degree of disability has
been assessed by the company-designated physician. The period within
which the seafarer shall be entitled to his sickness allowance shall not
exceed 120 days. Payment of the sickness allowance shall be made on a
regular basis, but not less than once a month.
The seafarer shall be entitled to reimbursement of the cost of medicines
prescribed by the company-designated physician. In case treatment of the
seafarer is on an out-patient basis as determined by the companydesignated physician, the company shall approve the appropriate mode of
transportation and accommodation. The reasonable cost of actual traveling
expenses and/or accommodation shall be paid subject to liquidation and
submission of official receipts and/or proof of expenses.
The Labor Arbiter, the National Labor Relations Commission, and the Court of Appeals
uniformly ruled that petitioner is entitled to the award of sickness allowance. In
accordance with the POEA Standard Employment Contract, the payment of sickness
allowance to petitioner shall not exceed 120 days. Hence, this Court affirms the award.
On the reimbursement of medical and transportation expenses amounting to
P85,000.00, petitioner claims that he incurred expenses because respondents had
stopped providing financial support since January 2013. He also alleges that he
incurred transportation expenses because he had to travel from Iloilo to be treated in
Manila.
Reimbursement of the medical and transportation expenses, as provided in the POEA
Standard Employment Contract, is subject to the condition that the expenses have a
corresponding official receipt or other available proof. Here, since petitioner failed to
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14/20