6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Godinez's body, mind, and spirit. The Court concludes that Godinez's grave illness was directly caused by unprofessional and inhumane treatment, as well as the physical, psychological, mental abuse inflicted upon him by his superiors, aggravated by the latter's failure refusal to provide timely medical and/or professional intervention, and their neglect indifference to his condition even as it was deteriorating before their very eyes. the and and and The Court does not subscribe to the defense that Dayo could not have committed the acts attributed to him as he was medically repatriated on November 29, 2003 due to chronic gastritis, hyperlipidemia and hypercholesteremia. The only evidence presented to substantiate his claimed repatriation consist of: 1) a November 21, 2003 Medical Examination Report issued by a doctor in Japan,[50] and 2) an Initial Medical Report dated February 3, 2004 issued by Sachly's Salvador.[51] However: 1. The November 21, 2003 Medical Examination Report contains a recommendation for Dayo to consult a "doctor for more detailed exams and further treatment at the patient's home country 3 months later."[52] The second medical report coincides with the first, being dated February 3, 2004, or nearly three months after November 21, 2003, meaning that Dayo must have followed the Japanese doctor's advice and indeed consulted Sachly nearly three months after he consulted with the latter. It can only be that before that time, February 3, 2004, Dayo remained onboard "MTV Norviken". 2. If Dayo was truly repatriated on November 29, 2003, experience and logic dictate that he should have, pursuant to the provisions of the standard POEA contract, submitted himself to a post-employment medical examination by a companydesignated physician within three working days upon his return, because his failure to comply with such mandatory examination shall result in the forfeiture of his benefits. Yet it appears that he only presented himself for post-employment medical examination on February 3, 2004. Given that he was then suffering from serious illnesses, chronic gastritis, hyperlipidemia and hypercholesteremia, and his failure to timely submit himself for examination would result in the forfeiture of his benefits, it cannot be believed that he consulted with Sachly only on February 3, 2004. 3. An examination of Salvador's signature affixed on the February 3, 2004 medical report would indeed lead Us to the conclusion that it is materially different from her customary signature affixed on the five medical reports she issued in this case and on the Certificate of Fitness for Work executed by Godinez, where she signed as witness. The Court thus concludes that Dayo was not repatriated on November 29, 2003; he remained as part of the "M/V Norviken" crew, which leads us to the allegations of Godinez that he was maltreated and harassed by Dayo, which, apart from being credible, necessarily remain unrefuted by Career and Columbian on account of their insistence upon the sole defense that Dayo was not on board during the time that Godinez claims he was maltreated. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63469 22/31