On April 25, 2007, the CA rendered the herein challenged Decision
setting aside the decision of the NLRC and reinstating that of the labor
arbiter. The CA ratiocinated thus:
That the company-designated physician did declare that petitioner is fit
to sea duty should not prejudice petitioners claim for disability benefits. In the
first instance, it is well to note that there is doubt and question as to the
accuracy of the declaration of the Dr. Alegres cleared to work resumption as
seafarer. Such certification should not be taken as the only primary
consideration, especially when there is contra finding by another doctor giving
doubt to the findings of the company-designated physician. As held in the case
of Wallem Maritime Services, Inc. vs. NLRC, opinions of petitioners doctor to
this effect should not be given evidentiary weight as they are palpably selfserving and biased in favor of petitioners, and certainly could not be
considered independent. The medical findings of Dr. Alegre, unsubstantiated
by any other evidence, are suspect for being biased in favor of the private
respondent. In the present case, petitioner has been rendered incapable of
further pursuing his usual work because of his weakened bodily condition due
to illness contracted during his employment. It is undisputed that petitioner
had been under the employ of respondents since 1992 and had finished ten
(10) contracts with them on board as second cook. While considering this long
stint with the respondent, his non-redeployment more so puts in doubt the
claim of respondent that petitioner was indeed fit to work. Moreover, it is well
settled that strict rules of evidence are not applicable in claims for
compensation and disability benefits. Petitioner having substantially
established that he could not able to perform the same work as he used to
before his repatriation, and was found both by his independent physician and
Gleneagles Hospital in Singapore suffering from severe hypertension as well
as other diagnosed illnesses which were contracted as a result of his exposure
to the risks involved in the performance of his job, we find the NLRC to have
acted in grave abuse of discretion in reversing and setting aside the decision of
the Labor Arbiter awarding disability claims to petitioner.
Petitioners are now before the Court principally contending that the CA
committed reversible error when it upheld the findings of respondents private
physician rather than the findings of the company-designated physician.
We grant the petition.
The standard employment contract for seafarers was formulated by the
Philippine Overseas Employment Agency (POEA) pursuant to its mandate
under Executive Order No. 247 to "secure the best terms and conditions of
employment of Filipino contract workers and ensure compliance therewith" and