physician, clearly then he is not entitled to disability benefits under the POEA
Standard Employment Contract. With respect to the Crystal Shipping
case referred to by Masangcay, Trans-Global and Ventnor refute such citation
as the facts and circumstances present in said case are not herein availing.
As with all other kinds of worker, the terms and conditions of a seafarers
employment is governed by the provisions of the contract he signs at the time he
is hired. But unlike that of others, deemed written in the seafarers contract is a
set of standard provisions set and implemented by the POEA, called
the Standard Terms and Conditions Governing the Employment of Filipino
Seafarers on Board Ocean-Going Vessels, which are considered to be the
minimum requirements acceptable to the government for the employment of
Filipino seafarers on board foreign ocean-going vessels. The issue of whether
Masangcay can legally demand and claim disability benefits from Trans-Global
and Ventnor for an illness that became apparent during his contract of
employment with the shipping company, is governed by the provisions of the
POEA Standard Terms and Conditions Governing the Employment of Filipino
Seafarers on Board Ocean-Going Vessels; hence, it is said standard terms and
conditions which are relevant and need to be construed in the present
case. Considering that Masangcay was employed on 3 September 2002, it is
the 2000 POEA Amended Standard Terms and Conditions Governing the
Employment of Filipino Seafarers on Board Ocean-Going Vessels[39] that is
considered appended in his contract of employment and is controlling for
purposes of resolving the issue at hand and not the 1996 POEA Revised
Amended Standard Terms and Conditions Governing the Employment of
Filipino Seafarers on Board Ocean-Going Vessels[40] as alluded to by
Masangcay.
Taking into consideration the arguments of the parties, the contract
provisions, as well as the law and jurisprudence on the matter, we rule in favor
of Trans-Global and Ventnor.
Under Sec. 20(b), paragraph 6, of the 2000 POEA Amended Standard
Terms and Conditions Governing the Employment of Filipino Seafarers on
Board Ocean-Going Vessels, viz:
SECTION 20. COMPENSATION AND BENEFITS
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