Elementary is the principle that this Court is not a trier of facts; only
errors of law are generally reviewed in petitions for review
on certiorari criticizing decisions of the Court of Appeals. Questions of fact are
not entertained.[36] And in labor cases, this doctrine applies with greater force.
[37]
Factual questions are for labor tribunals to resolve.
Considering, however, the conflicting findings of the labor arbiter and
NLRC on one hand, and the Court of Appeals on the other, this Court is
impelled to resolve the factual issues in this case along with the legal ones.
The fundamental issue to be resolved in this petition is whether or not
Masangcay is entitled to disability benefits on account of his present condition.
We rule in the negative.
In his Petition, Masangcay argued that since his disability lasted for more
than 120 days, i.e., from 3 October 2002 until 3 February 2003, he is deemed to
be already permanently disabled. Citing Crystal Shipping, Inc. v. Natividad,
[38]
Masangcay made a case that in compensation proceedings, the fitness or
unfitness of a seafarer should not be construed in its medical significance but
rather on the inability of the seafarer to perform his customary work. In his case,
he averred that [t]here is no dispute that petitioners illness was suffered during
the term of his contract of employment and on board the respondents vessel.
And concludes that because of Sec. 20(b), paragraph 5 of the Philippine
Overseas Employment Administration (POEA) Revised Standard Terms and
Conditions Governing the Employment of Filipino Seafarers on Board OceanGoing Vessels, integrated in his contract of employment, [h]e is this (sic)
entitled to disability benefits x x x.
On the other hand, in their Comment to the Petition, Trans-Global and
Ventnor maintained that the manner of determining liability and the extent of
the liability of the employer in case of an injury or illness contracted by a
seafarer is set forth in the POEA Standard Employment Contract. As set forth in
Sec. 20(b) of the POEA Standard Employment Contract, the employer-vessel
owner/principal shall be liable for disability benefits to the seafarer only in case
the latter was declared disabled by the company designated physician in view of
a work-related illness or injury that he suffered onboard the vessel. Since
petitioner-seafarer was declared FIT TO WORK by the company designated