6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly under Section 20-B(3) of the POEA-SEC but this is on the presumption that the company-designated physician had already issued a certification as to his fitness or disability and he finds this disagreeable.[38] The Court is thus unconvinced to put weight on the findings of Dr. Pascual given that respondent has breached his duty to comply with the procedure prescribed by the POEA-SEC. WHEREFORE, the Petition is GRANTED. The June 27, 2013 Decision and February 5, 2014 Resolution of the Court of Appeals in CA-G.R. SP No. 124003 are REVERSED and SET ASIDE. Celestino M. Hernandez, Jr.'s complaint docketed as NLRC OFW Case No. (M) 07-09866-10 is DISMISSED. SO ORDERED. Leonardo-De Castro,** Jardeleza, and Tijam, JJ., concur. Sereno, C.J., on leave. ** Acting Chairperson per Special Order No. 2540 dated February 28, 2018. [1] Rollo, pp. 11-30. [2] Id. at 32-41; penned by Associate Justice Ricardo R. Rosario and concurred in by Associate Justices Rosmari D. Carandang and Leoncia Real-Dimagiba. [3] Id. at 43. [4] Id. at 256-264; penned by Presiding Commissioner Leonardo L. Leonida and concurred in by Commissioners Dolores M. Peralta-Beley and Mercedes R. PosadaLacap. [5] Id. at 280-281. [6] Id. at 111. [7] Id. at 112. [8] See CA Decision, id. at 33. [9] See Medical Report dated February 9, 2010 and March 4, 2010, id. at 64-65 and 68, respectively. [10] See Medical Report dated February 18, 2010, id. at 67. [11] See Medical Report dated March 26, 2010 and Metropolitan Medical Center Operation Sheet dated March 26, 2010, id. at 71 and 123-124, respectively. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64152 9/11

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