5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
from the paint room, where paint chemicals would obviously be located.
While Moradas' act of borrowing a lighter from someone, even though he does
not smoke, may have led the petitioners to conclude that he must have intended to
commit a wrong, this line of thinking does not substantially establish a defense of
self-inflicted injury. Note that while Chief Officer Bejada stated that he ordered an
ordinary seaman to extinguish the fire in the incinerator, the petitioners did not even
bother to present the crucial testimony of this supposed seaman to
substantially corroborate Chief Officer Bejada's claim.
In these lights, I cannot also agree with the ponencia that a finding on Moradas' mental
disposition is dispensable. The ponencia 's reasoning that a sane person who "harbors a
grudge" and "is brooding over feelings of resentment" because he was caught stealing
can be driven to set himself ablaze is tenuously speculative to say the least.
Moradas' mental disposition would have also established the substantial
evidence requirement lacking in this case which the ponencia obviously, but
unsuccessfully, tries to fill up.
In short, there are a lot of crucial lapses and inconsistencies, logical and factual, in the
petitioners' case that even brushing aside, for the sake of argument, the lack of causal
connection (between the acts imputed against Moradas, on one hand, and his alleged
self-inflicted injury, on the other hand), the substantial evidence can hardly be said to
have been met.
III.
Moradas is entitled only to income benefit
This is not say, however, that the CA's conclusion on Moradas' entitlement
to
permanent and total disability is also legally correct. Moradas' inability to
return to the same line of work does not by itself legally entitle him to permanent and
total disability benefits.
Entitlement to disability benefits by seamen on overseas work is a matter governed,
not only by medical findings, but by law and by contract. The material statutory
provisions are Articles 191 to 193, Chapter VI (Disability Benefits) of the Labor Code, in
relation with Rule X of the Rules and Regulations Implementing Book IV of the Labor
Code. By contract, (presently) Department Order No. 4, series of 2000 of the
Department of Labor and Employment (the POEA Standard Employment Contract) and
the parties' CBA bind the seaman and his employer to each other.[36] As to how these
provisions operate, Vergara v. Hammonia Maritime Services, Inc. (Vergara)[37]
discussed:
As these provisions operate, the seafarer, upon sign-off from his vessel,
must report to the company-designated physician within three (3) days
from arrival for diagnosis and treatment. For the duration of the
treatment but in no case to exceed 120 days, the seaman is
on temporary total disability as he is totally unable to work. He receives
his basic wage during this period until he is declared fit to work or
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56605
24/31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents