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employment medical examination where the company-designated physician later
diagnosed him with Ischemic Heart Disease; that a certain Dr. Ariel G. Domingo
likewise examined him, confirming and certifying that he was suffering from Essential
Hypertension and Ischemic Heart Disease; that he was declared “unfit for sea service”;
that as a result, he was not able to work for more than 120 days from his repatriation;
that another medical examination was conducted by Dr. Lina R. Cero, showing that he
was suffering from Essential Hypertension with Cariomegally Ischemic Heart Disease
and Indirect Inguinal Hernia Right; that he was then advised to take his maintenance
medications for life; that APQ refused to provide him further medical attention, thus, he
incurred medical expenses in the amount of P6,390.00 by November 2006; that he
demanded payment of permanent total disability benefits, sickness allowance and
medical expenses to which he was entitled under the POEA Standard Employment
Contract (POEA-SEC), but APQ refused to pay; that he, together with other crew
members, sent a series of letters and e-mails to the representatives of the shipowners
regarding their unpaid wages, but despite efforts, APQ still refused to pay their
salaries; that demands for payment were also made to the president of APQ, but the
same were refused; and that ultimately, he was compelled to seek redress and filed a
complaint for permanent total disability benefits, reimbursement of medical expenses,
sickness allowance, non-payment of salaries representing the extended portion of the
employment contract, damages, and attorney's fees.
APQ, on the other hand, alleged in its Position Paper[5] that upon expiration of the
contract, Caseñas refused to return to the Philippines until he finally did on August 30,
2006;[6] that thereafter, Caseñas demanded payment of his wages, overtime and
vacation pay for the alleged extended portion of the contract; that it could not be held
liable for claims pertaining to the extended portion of the contract for it did not consent
to it; that, in fact, as early as January 2005, it had been making arrangements,
through American Airlines/American Eagle, for Caseñas’ repatriation at the end of his
contract in February 2005; that Caseñas was fully paid of his wages and other benefits
for the duration of his 8-month contract; and that Caseñas suffered illness after the
expiration of the contract, hence, it could not be made liable to pay him any benefits
for his injury/illness.[7]
Caseñas, however, disputed the position of APQ, claiming that his contract of
employment was duly extended.[8] He denied that APQ had been making arrangements
for his repatriation as early as January 2005. To prove that his contract was extended,
he submitted the following documents:
1. Deck Logbook, dated 14 August 2006;
2. Report of Mr. Steve Mastroropolous, dated 16 May 2006;
3. Letter, dated 24 April 2006 of Mr. Alex P. Quillope, President of the
respondent APQ to OWWA, admitting that there was no food and water
for the crew of MV “HAITIEN PRIDE.”[9]
APQ countered that the abovementioned documents did not prove mutual consent of
the parties as provided in Caseñas’ employment contract. His contract expired on
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56987
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