Case Digest (G.R. No. 172086)
Facts:
Career Philippines Shipmanagement, Inc. and/or Sampaguita Marave, and Societe Anonyme Monegasque Administratio Maritime Ft. Aeriennemonaco, petitioners, v. Salvador T. Serna, respondent, G.R. No. 172086, December 03, 2012, Supreme Court Second Division, Brion, J., writing for the Court.Serna entered into a nine-month seafaring contract dated October 20, 1998 as bosun of M/V Hyde Park, with a monthly basic salary of US$642.00; he passed the pre‑employment medical examination and boarded the vessel on October 25, 1998. He had been engaged by petitioners and their foreign principals since 1989, consistently on chemical tankers transporting substances such as methanol, phenol and benzene.
While on board Serna developed weakness, shortness of breath and significant weight loss; requests for medical attention were denied by his immediate superior due to the vessel’s schedule. His contract finished July 12, 1999; upon repatriation he reportedly went to petitioners’ office on July 14, 1999 to report his condition and seek referral to company physicians, but the referral was not made until August 3, 1999. On July 27, 1999 private physicians at the University of Perpetual Health Medical Center diagnosed toxic goiter; company‑designated physicians on August 5, 1999 found atrial fibrillation and declared him unfit but did not issue an impediment grading. A personal physician later diagnosed thyrotoxic heart disease, chronic atrial fibrillation and assessed an Impediment Grade 3, which under the parties’ collective bargaining agreement (CBA) equated to permanent medical unfitness and 100% compensation.
Serna sought payment by written demand on April 3, 2001 and filed a complaint for disability benefits and damages on June 5, 2001. The labor arbiter awarded US$60,000 (100% compensation under the POEA Standard Employment Contract (1996 POEA‑SEC) reconciled with the CBA) but denied moral damages; the arbiter also awarded 10% attorneys’ fees. The National Labor Relations Commission (NLRC) affirmed the labor arbiter in toto and held Serna’s resignation did not bar his claim; reconsideration was denied. The petitioners elevated the case to the Court of Appeals (CA) via certiorari under Rule 65; the CA affirmed liability but deleted the attorneys’ fees award. The petitioners file...(Subscriber-Only)
Issues:
- In a Rule 45 petition, may the Supreme Court reexamine and overturn the CA’s and NLRC’s factual findings regarding Serna’s illness and its acquisition during employment?
- Did Serna establish by substantial evidence that his illness was acquired during the term of his employment?
- Did Serna forfeit his right to disability benefits for failing to undergo a post‑employment medical examination by a company‑designated physician within three working days as required...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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