4/9/2020
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stated that they had no intention to fabricate or mislead the appellate court and the
Labor Arbiter, but they had to explain the circumstances that transpired in the conduct
of the medical examination. Petitioners reiterated that the medical examination was
conducted on January 17, 2000 and the result was released on January 20, 2000. As
explained by Dr. Lyn dela Cruz-De Leon, the date "January 17, 2000" was written on
the medical examination certificate because it was the day when respondent was
referred and initially examined by her. The medical examination certificate was dated
January 17, 2000 not for any reason, but in accordance with a generally accepted
medical practice, which was not controverted by respondent.
Petitioners assert that respondent's failure to join the vessel on January 17, 2000
should not be attributed to it for it was a direct consequence of the delay in the release
of the medical report. Respondent was not yet declared fit to work at the time when he
was supposed to be deployed on January 17, 2000, as instructed by petitioners'
principal. Respondent's fitness to work is a condition sine qua non for purposes of
deploying an overseas contract worker. Since respondent failed to qualify on the date
designated by the principal for his deployment, petitioners had to find a qualified
replacement considering the nature of the shipping business where delay in the
departure of the vessel is synonymous to demurrage/damages on the part of the
principal and on the vessel's charterer. Without a clean bill of health, the contract of
employment cannot be considered to have been perfected as it is wanting of an
important requisite.
Based on the foregoing argument of petitioners, the first issue to be resolved is
whether petitioners' reason for preventing respondent from leaving Manila and joining
the vessel M/V AUK in Germany on January 17, 2000 is valid.
The Court rules in the negative.
The Court has carefully reviewed the records of the case, and agrees with the Court of
Appeals that respondent's Medical Certificate[17] dated January 17, 2000, stamped with
the words "FIT TO WORK," proves that respondent was medically fit to leave Manila on
January 17, 2000 to join the vessel M/V AUK in Germany. The Affidavit of Dr. Lyn dela
Cruz-De Leon that respondent was declared fit to work only on January 21, 2000
cannot overcome the evidence in the Medical Certificate dated January 17, 2000,
which already stated that respondent had "Class-B Non-Infectious Hepatitis-B," and
that he was fit to work. The explanation given by Dr. Lyn dela Cruz-De Leon in her
affidavit that the Medical Certificate was dated January 17, 2000, since it carries the
date when they started to examine the patient per standard operating procedure, does
not persuade as it goes against logic and the chronological recording of medical
procedures. The Medical Certificate submitted as documentary evidence[18] is proof of
its contents, including the date thereof which states that respondent was already
declared fit to work on January 17, 2000, the date of his scheduled deployment.
Next, petitioners contend that respondent's employment contract was not
pursuant to the POEA Standard Employment Contract, which provides:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/21705
perfected
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