5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly medical treatment, he underwent physical therapy sessions. We are convincingly swayed that such injury requires medical treatment for a period more than 120 days. Thus, to our mind, the ruling in Vergara vs. Hammonia Maritime Services, Inc. and Atlantic Marine Ltd., G.R. No. 172933, October 6, 2008, extending the period of treatment to 240 days is more prudent and apropos in this case. Short-changing complainant’s medical treatment to mere 120 days will be depriving him of realistic cure, which the POEA SEC envisioned in requiring mandatory post-employment medical examinations. [25] [Underscoring supplied] In the recent case of Magsaysay Maritime Corporation v. National Labor Relations Commission,[26] the Court also referred to, and applied, the ruling in Vergara, viz: xxx. The law in this jurisdiction must be determined in the context of the disagreement on [seafarer’s] claim between the foreign employer, represented by the manning agency, and [the seafarer] whose employment relationship is governed by the POEA-SEC and supplemented by the parties’ CBA. As explained in Vergara, under Section 31 of the POEA-SEC, in case of any unresolved dispute, claim or grievance arising out of or in connection with the contract, the matter shall be governed by Philippine laws, as well as international conventions, treaties and covenants where the Philippines is a signatory. This signifies that the terms agreed upon by the parties pursuant to the POEA-SEC are to be read and understood in accordance with Philippine laws, particularly, Articles 191 to 193 of the Labor Code and the applicable implementing rules and regulations in case of any dispute, claim or grievance. Article 192(3) of the Labor Code which deals with the period of disability states that: The following disabilities shall be deemed total and permanent: 1. Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules. The rule adverted to is Section 2, Rule X of the Rules and Regulations implementing Book IV of the Labor Code which provides: Sec. 2. Period of entitlement. — (a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness it shall not be paid longer than 120 consecutive days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at any time after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as determined by the System. The above provisions must be read together with Section 20(B)(3) of the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58642 6/12