G.R. No. L-48928 - De Tavera vs. Philippine Tuberculosis Society, Inc.

Petitioner Wilmer O. De Andres was hired by respondent Diamond H Marine Services & Shipping Agency, Inc. on behalf of its Taiwanese principal, Wu Chun Hua.
On February 1, 2008, De Andres entered into an Employment Contract specifying service aboard the fishing vessel Yi Man En No. 2, a two-year term, and a monthly salary of NT$17,280.00.
Prior to departure for Taiwan, he was coerced into signing a separate Contract of Agreement which effectively set aside the POEA-approved contract, reducing his salary and increasing his workload.

While aboard the vessel, his tasks included working as a wiper, messman, bosun, handling the fishnet, diving, and repairing nets.
De Andres and his Filipino crewmates reportedly worked nearly twenty-four hours a day under harsh conditions.
On February 27, 2009, while lowering nets during a shipping operation, he was struck by large waves and thrown overboard, suffering an open fracture of the distal tibia and fibula with an 8 cm open wound, active bleeding, and bone exposure.
He underwent surgical intervention at Keelong Hospital in Taiwan and was later transferred to another medical facility for subsequent treatment and readjustment of his exterior fixator.
Due to non-union of his tibia, on September 4, 2009, De Andres underwent a further operation (buttress plating with autonomous bone grafting).

Despite repeatedly requesting repatriation in view of his deteriorating condition, De Andres was only informed on February 4, 2010, that he was free to go home.
Prior to repatriation, he was coerced into signing a one-page Memorandum of Agreement that provided for NT$40,000.00 in exchange for his waiver of any future claims against the respondents.
On February 5, 2010, De Andres returned to Manila; however, no company representative greeted him at the airport.

On February 8, 2010, upon reporting to Diamond H, he met with Ellen Purification, the Operations Manager, who bluntly informed him that the company would not entertain any of his claims and urged him to seek a lawyer.
On February 23, 2010, De Andres filed his complaint before the Labor Arbiter for permanent and total disability benefits along with additional claims for sickness allowance, salary differentials, labor insurance, moral and exemplary damages, and attorney’s fees.
His position was supported by a medical assessment from his chosen physician, Dr. Renato P. Runas, which stated that due to his severe injury, he was permanently unfit for sea duty.

The Labor Arbiter ruled in favor of De Andres on May 20, 2011, awarding him permanent disability benefits of US$60,000.00 and other ancillary awards.
The National Labor Relations Commission (NLRC) reversed the LA’s decision on January 18, 2012, on the ground that De Andres failed to comply with a mandatory reportorial requirement.
The Court of Appeals (CA) subsequently affirmed the NLRC ruling in its July 31, 2014 Decision and denied De Andres’ motion for reconsideration on March 12, 2015.
The issue now before the Supreme Court is a petition for review on certiorari challenging the CA’s ruling.

Whether the Court of Appeals erred in dismissing the petition on the ground that De Andres failed to comply with the mandatory reportorial requirement under Section 20(B)(3) of the POEA Standard Employment Contract.

De Andres argues that he reported on time and was prevented from undergoing a post-employment medical examination by the employer’s representative.
The respondents contend that his failure to submit himself to a company-designated physician within three working days upon repatriation resulted in the forfeiture of his claim.

Whether the Court of Appeals erred in upholding the Memorandum of Agreement (MOA) as a valid quitclaim – thereby barring his claim – given that its consideration was unreasonable and the execution was coerced.

De Andres maintains that the MOA was signed under duress, offered a meager compensation (NT$40,000.00), and lacked proper explanation and notarization by a MECO official.
Respondents argue that the MOA was voluntarily signed, notarized by the MECO in Taiwan, and that its consideration was reasonable in view of the salaries received while under medical treatment.