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single medical report which outlined the alleged findings and medical history of Andrada
obtained after Dr. Vicaldo examined him only once. It is pristine clear that the
examination and treatment of Andrada by Dr. Faylona had been more extensive than
the examination conducted by Dr. Vicaldo.
It must be emphasized, at this juncture, that the declaration of Andrada's fitness to
work by Dr. Faylona on March 14, 2005 and by Dr. Ramos on March 22, 2005, were
made well within the 120-day treatment or the temporary total disability period from
the date of the seafarer's sign-off. Viewed in this perspective, both the NLRC and the
CA were legally correct when they refused to recognize that Andrada was suffering from
any disability, whether permanent or temporary, because he had already been cleared
to go back to work.
Additionally, it is worth pointing out that instead of questioning the assessment done by
Dr. Ramos and by Dr. Faylona, Andrada executed the Deed of Release, Waiver and
Quitclaim in favor of the respondents on April 21, 2005. By doing so, Andrada
impliedly admitted the correctness of the medical assessments, and acknowledged to
have “completely released and forever discharged” the respondents “from all actions,
claims, complaints and demand whatsoever xxx on account of or arising out of my
employment as seaman on board MT Superlady.”[25] Considering Andrada's nonentitlement to disability benefits, this Court does not see the need to delve on the issue
of whether the Deed of Release, Waiver and Quitclaim precluded him from recovering
said benefits.
The Court is not unaware of the principle that, consistent with the purpose underlying
the formulation of the POEA-SEC, its provisions must be applied fairly, reasonably and
liberally in favor of the seafarers, for it is only then that its beneficent provisions can be
carried into effect.[26] Said exhortation, however, cannot be taken to sanction award of
disability benefits anchored on flimsy evidence. There is nothing on record that would
justify a compensation on top of the monetary aid and assistance already extended to
Andrada by respondents Agemar Manning and Sonnet Shipping.
WHEREFORE, the petition is DENIED. The assailed May 28, 2010 Decision and the
December 9, 2010 Resolution of the Court of Appeals in CA-G.R. SP No. 109853 are
hereby AFFIRMED.
SO ORDERED.
Velasco, Jr., (Chairperson), Leonardo-De Castro,* Peralta, and Abad, JJ., concur.
* Designated additional member, per Special Order No. 1343, dated October 9, 2012.
[1] Penned by Associate Justice Normandie B. Pizarro with Associate Justice Amelita G.
Tolentino and Associate Justice Ruben C. Ayson, concurring; rollo pp. 259-275.
[2] Id. at 291-292.
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