reimbursement from POMI, but again it was refused because De Jesus allegedly
concealed his previous history of ulcer. POMI, likewise, disallowed De Jesus claim
for unpaid salary, on the ground that the amount had already been applied to the
cost of his repatriation.[7] Thus, De Jesus filed a complaint[8] for the recovery of
unpaid wages, sickwage allowance and medical expenses.
POMI, on the other hand, had a different story. According to POMI, De Jesus
committed misrepresentation when he concealed in his medical history that he
suffered from ulcer two (2) years ago; that he breached his employment contract
when he brought on board his medicines for ulcer without the ship captains
permission; and that De Jesus admitted having deliberately brought pieces of
Cimetidine for fear that his ulcer might recur on board. POMI posited that De Jesus
was validly discharged, and ultimately prayed for the denial of the claims. [9]
By Decision[10] of August 28, 1998, the Labor Arbiter declared that De Jesus
misrepresentation cannot be made basis for the denial of his claims. According to
the Labor Arbiter, De Jesus underwent a thorough medical examination before his
deployment and was reported fit to work by POMIs accredited clinic. POMI cannot
now be heard to claim otherwise. Besides, POMI was aware that De Jesus had
been discharged on November 29, 1994 due to illness while on board M/V Oriental
Venus. It was, thus, expected that POMI would conduct, as it, in fact, conducted a
thorough medical examination in determining De Jesus state of health before his
deployment.He concluded that De Jesus illness was work-related or at least workaggravated. He also ruled that POMI failed to convincingly establish that De Jesus
violated his employment contract.
The Labor Arbiter, thus, disposed:
WHEREFORE, premises considered, judgment is hereby entered in favor
of complainant and against the [respondent] ordering the latter, jointly and
severally, to pay the sum of US$2,735.15 as unpaid salaries and medical
allowance for 59 days or its present peso equivalent in the sum of P118,705.51
plus another sum of P5,000.00 as medical benefits or reimbursement of medical
expenses of complainant.