G.R. No. 178127
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/178127.htm
to sail is binding upon petitioners and proof that his condition developed while on board.
Taking a contrary stand, petitioners countered that hypertension cannot develop in a short
span of time; and in any event, respondent committed misrepresentation in his PEME as to
his health.
By Decision of April 1, 2002, Labor Arbiter Renaldo O. Hernandez rendered judgment in
favor of respondent, disposing as follows:
WHEREFORE, premises considered, judgment is entered finding
respondents foreign principal and manning agency and its
president/chairman Eng. Emilio A. Santiago and the rest of the corporate
officers liable to pay to complainant his money claims as above discussed,
thus ORDERING said respondents and officers in solido:
1)
to reimburse to complainant his receipted cost of medical expenses
incurred to Annex J-8. Complainants Affidavit dated 01 July 2002) of
P1,270.00;
2) to pay complainant his sickness allowance up to maximum equivalent
of basic wage x 120 days or US $ 2,320.00 under Sec. 20 (B) in par. 2,
Standard Employment Contract for Seafarers;
3)
to pay complainant his disability benefits in accordance with the
schedule of benefits in Sec. 30 of the Contract with disability rating of
Grade 6 pursuant to Schedule of Disability Allowance in Sec. 30-A of
the POEA SEC, with impediment percentage of 50% equivalent to US
$25,000.00; and finally,
4)
to pay complainant moral and exemplary damages in the combined
amount of two hundred thousand pesos (P200,000.00) and 10% of the
entire award as attorneys fees.
SO ORDERED.
[6]
On appeal, the National Labor Relations Commission (NLRC) First Division by Decision
of August 30, 2002 reversed the ruling of the Labor Arbiter and dismissed the complaint
[7]
for lack of merit.
Albeit echoing the same factual background, the NLRC found
respondents resignation voluntary, hence, he cannot claim entitlement to the benefits under
the Standard Employment Contract of the Philippine Overseas Employment Administration
(POEA). Thus, the NLRC First Division declared:
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