Case Digest (G.R. No. 231748)
Facts:
Richard Lawrence Daz Toliongco v. Court of Appeals, National Labor Relations Commission, Anglo‑Eastern Crew Management Philippines, Inc., Anglo‑Eastern (Antwerp) NV, Gregorio B. Sialsa, All Corporate Officers and Directors and M/V Mineral Water, G.R. No. 231748, July 08, 2020, the Supreme Court Third Division, Leonen, J., writing for the Court.Petitioner Richard Lawrence Daz Toliongco (Toliongco) was employed on October 30, 2013 by Anglo‑Eastern Crew Management Philippines, Inc. as a Messman under a seven‑month POEA Standard Employment Contract for deployment aboard the M/V Mineral Water on February 23, 2014. On June 27, 2014, Toliongco alleges he was sexually assaulted and threatened by Chief Officer Korolenko Oleksiy in two separate incidents aboard the vessel; shipmates corroborated his complaint and the events were entered in the Deck Log Book. Fearing for his safety, Toliongco requested a reliever and was repatriated on July 12, 2014. He later complained to company physicians and filed a complaint with OWWA a week after repatriation.
Toliongco consulted Dr. Randy Dellosa on November 24, 2014 and was diagnosed with Post‑Traumatic Stress Disorder (PTSD); Dr. Li‑Ann Lara‑Orencia later opined he could not return to sea duty. On March 2, 2015 Toliongco filed a labor complaint for "constructive dismissal, sexual harassment and maltreatment" seeking disability benefits, salaries for the unexpired portion of his contract, damages and attorney’s fees.
The Labor Arbiter found constructive dismissal, awarded salary for the unexpired portion of the contract, moral and exemplary damages, and attorney’s fees, but denied disability benefits because Toliongco failed to comply with the mandatory three‑day post‑employment medical reporting requirement and did not present adequate medical proof of disability. The National Labor Relations Commission (NLRC) affirmed the finding of constructive dismissal, deleted moral and exemplary damages but granted Php 30,000 as financial assistance and attorney’s fees; it also denied disability benefits for lack of causal nexus and disability grading. Toliongco’s Motion for Reconsideration was denied on September 30, 2015.
Toliongco filed a Petition for Certiorari under Rule 65 before the Court of Appeals alleging grave abuse by the NLRC; the Court of Appeals dismissed the petition and affirmed the NLRC, holding (inter alia) the three‑day reportorial rule under the POEA Standard Employment Contract mandatory and that petitioner failed to prove his PTSD was work‑related. The Court of Appeals denied reconsideration (January 13 ...(Subscriber-Only)
Issues:
- Did the Court of Appeals commit grave abuse of discretion in upholding the NLRC’s denial of disability benefits and damages to Toliongco?
- Is the three‑day post‑employment medical examination/reportorial requirement under the POEA Standard Employment Contract mandatory, and are there exceptions?
- Was Toliongco’s Post‑Traumatic Stress Disorder (PTSD) shown to be work‑related or work‑aggravated such that he is entitled to disability benefits under the POEA Standard Employment Contract?
- Is Toliongco entitled to recovery of the unexpired portion of his contract...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)