Title
Bandila Maritime Services, Inc. vs. Dubduban
Case
G.R. No. 171984
Decision Date
Sep 29, 2009
A seafarer's claim for disability benefits and reimbursement of medical expenses is denied by the Supreme Court due to pre-existing medical conditions and failure to comply with contractual requirements.
Font Size

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

Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.

© 2024 Jur.ph. All rights reserved.