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or services to be performed is seasonal in nature and the employment is for
the duration of the season.
As a Filipino seaman, [petitioner] is governed by the Rules and Regulations
of the POEA. The Standard employment Contract governing the employment
of All Filipino Seamen on Board Ocean-Going Vessels of the POEA,
particularly in Part I, Sec. C specifically provides that the contract of seamen
shall be for a fixed period.
Moreover, it is an accepted maritime industry practice that employment of
seafarers are for a fixed period only. Constrained by the nature of their
employment which is quite peculiar and unique in itself, it is for the mutual
interest of both the seafarer and the employer why the employment status
must be contractual only or for a certain period of time.
In the instant case, [petitioner] had finished his contract when he
disembarked on 12 April 2002. Thus, [petitioner] can no longer claim any
benefits under his employment contract.
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Before [petitioner] went on board, he was declared fit for work. Never
during his work on board, did [petitioner] complain of any medical condition.
When he disembarked on finished contract on 12 April 2002, [petitioner] did
not complain of any illness nor did he report for medical consultation for any
medical condition. He therefore did not qualify for the disability benefits
forming part of his employment contract. He did not suffer any medical
condition during the term of his contract nor was proof presented that
whatever medical condition he complained of was cause by work-related
illness or injury as he made no report of any medical condition when he
disembarked. In fact he was declared fit for work in the 23 July 2002
Certification issued by Dr. Calanoc of Seamen's Hospital.[23]
In all, petitioner utterly failed to establish by substantial evidence, his entitlement to
disability benefits for a work-related illness under the POEA-SEC, having failed to
undergo a post-employment medical examination by a company designated physician
within three (3) working days from his return without valid or justifiable reason.
WHEREFORE, premises considered, the petition is DENIED. The Decision of the Court
of Appeals in CA-G.R. SP No. 107477 is AFFIRMED.
SO ORDERED.
Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Perlas-Bernabe, JJ.,
concur.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60102
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