6/7/2020
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the mandatory reporting requirement within three days from repatriation because the
respondent herein "was not medically repatriated."[15]
On July 31, 2012, the LA rendered a Decision ruling in favor of the respondent. The
fallo of the LA decision reads:
IN VIEW OF THE FOREGOING, the respondent [herein petitioner] is directed
to pay the complainant [herein respondent] of his disability benefit of SIXTY
THOUSAND US DOLLARS (USD60,000.00) and hospitalization expenses of
THREE HUNDRED SIXTY-EIGHT THOUSAND SIX HUNDRED TWENTY-TWO
AND 70/100 PESOS (PHP368,622.70).
Complainant shall likewise be paid of his attorney's fees equivalent to 10%
of the monetary award.
The rest of the claims are DISMISSED.
SO ORDERED.[16]
The NLRC Ruling
Aggrieved, herein petitioners elevated the case to the NLRC, which reversed and set
aside the LA decision.
The NLRC stated that the respondent's allegation that he submitted himself to the
petitioners within three days from his repatriation are mere self-serving assertions that
are not proved by evidence. The NLRC quoted the Philippine Overseas Employment
Administration-Standard Employment Contract (POEA-SEC) and relevant jurisprudence
stating that this reporting is mandatory, and failure to comply thereto would result to
the denial of the seafarer's claim.[17]
Also, the NLRC ruled that the respondent failed to substantiate his claim that his illness
was work-related, or at the least, work-aggravated. The NLRC said that the respondent
"did not even attempt to show the connection of his alleged illnesses with the nature of
his work as chief engineer officer, except a mere recital of the fact that he was
employed as one, thereby enumerating his functions.[18]
On June 10, 2013, the NLRC promulgated its Decision, the dispositive portion of which
states that:
WHEREFORE, premises considered, the instant (sic) is hereby GRANTED.
Accordingly, the appealed Decision is hereby REVERSED and SET ASIDE,
and a new one entered DISMISSING the instant complaint for lack of
merit.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63966
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