Case Digest (G.R. No. 171984)
Facts:
- Respondent Rolando Dubduban was engaged as the chief cook of M/V White Arrow by petitioner Tokomaru Kaiun Co., Ltd. and its Philippine manning agent, Bandila Maritime Services, Inc.
- He boarded the vessel on November 3, 1998, and returned to the Philippines on October 8, 1999, after the expiration of his contract.
- A month later, he underwent a medical examination and was diagnosed with fibroid scarrings in his right upper ear lobe and diabetes mellitus type II.
- Respondent filed a complaint for disability benefits and damages, claiming that he could no longer work as a seafarer due to his diabetes.
- Petitioners argued that they were not liable for disability benefits as respondent was diagnosed with diabetes after his contract expired.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of the petitioners and denied respondent's claim for disability benefits.
- The Court held that petitioners were not liabl...(Unlock)
Ratio:
- The Court found that respondent was diagnosed with diabetes in 1994, four years before he was engaged by petitioners.
- This means that he was not afflicted with the illness only during the term of his contract but even prior to his employment.
- Additionally, respondent did not complain of any complications of the disease during his employment.
- Therefore, he was not entitled to disability benefits under Section 20 (B) of the Employment Contract of the International Transport Workers' Federation (ITF).
- Even if respondent had contracted the disease during the term of his contract, he failed to comply with the requirement of Section 20 (B) (3) of the ITF Employment Contract.
- This provision requires a claimant to undergo a medical ...continue reading
Case Digest (G.R. No. 171984)
Facts:
The case of Bandila Maritime Services, Inc. v. Dubduban involves a seafarer named Rolando Dubduban who filed a complaint for disability benefits and damages against petitioner Tokomaru Kaiun Co., Ltd. and its Philippine manning agent, Bandila Maritime Services, Inc. Dubduban worked as the chief cook of M/V White Arrow for 10 months. After his contract expired, Dubduban returned to the Philippines and underwent a medical examination where he was diagnosed with fibroid scarrings in his right upper ear lobe and diabetes mellitus type II.
Issue:
The main issue in this case is whether the petitioners are liable for disability benefits and reimbursement of medical expenses for Dubduban's condition.
Ruling:
The Supreme Court ruled in favor of the petitioners and held that they are not liable for disability benefits and reimbursement of medical expenses.
Ratio:
The Supreme Court base...