x x x x
5. In case of permanent total or partial disability of the seafarer during
the term of his employment caused by either injury or illness, the
seafarer shall be compensated in accordance with the schedule of
benefits enumerated in Section 30 of his Contract. Computation of his
benefits arising from an illness or disease shall be governed by the rates
and the rules of compensation applicable at the time the illness or disease
was contracted.
We have interpreted the foregoing provision to be a sufficient legal basis for a
grant of disability benefits to a seafarer who suffers any injury or illness during the
term of his contract. In the recent case of Remigio v. National Labor Relations
Commission,[19] we held:
"Disability" is generally defined as "loss or impairment of a physical or
mental function resulting from injury or sickness." Clearly, "disability" is not
synonymous with "sickness" or "illness," the former being a potential effect of the
latter. The schedule in Sec. 30 of the POEA SEC is a Schedule of Disability or
Impediment for Injuries Suffered and Diseases or Illness Contracted. It is not a list
of compensable sicknesses. Unlike the 2000 POEA SEC, nowhere in the 1996
POEA SEC is there a list of "Occupational Diseases."
The unqualified phrase "during the term" in Section 20(B) of the 1996
POEA SEC covers all injury or illness occurring in the lifetime of the
contract. The injury or illness need not be shown to be workrelated. In Sealanes Marine Services, Inc. v. NLRC, we categorically held:
The argument of petitioners that since cancer of the pancreas is
not an occupational disease it was incumbent upon Capt. Arante to prove
that his working conditions increased the risk of contracting the same, is
not meritorious. It must be noted that his claims arose from the
stipulations of the standard format contract entered into between him and
SEACORP which, per Circular No. 2, Series of 198420[30] of
respondent POEA was required to be adopted and used by all parties to
the employment of any Filipino seamen (sic) on board any ocean-going
vessel. His claims are not rooted from the provisions of the New Labor
Code as amended. Significantly, under the contract, compensability of
the death or illness of seam[e]n need not be dependent upon whether it is
work connected or not. Therefore, proof that the working conditions
increased the risk of contracting a disease or illness, is not required to
entitle a seaman who dies during the term thereof by reason of such
disease or illness, of the benefits stipulated thereunder which are, under
Section C(2) of the same Circular No. 2, separate and distinct from, and
in addition to whatever benefits which the seaman is entitled to under
Philippine laws.