Case Summary (G.R. No. 217345)
Relevant Dates
De Andres entered into an Employment Contract on February 1, 2008, and sustained his injury on February 27, 2009. He was repatriated on February 5, 2010. The LA ruled in favor of De Andres on May 20, 2011, the NLRC reversed this decision on January 18, 2012, and the CA affirmed the NLRC ruling on July 31, 2014.
Applicable Laws
The key legal framework includes the 1987 Philippine Constitution, the Labor Code, and the 2000 Amended POEA Standard Terms and Conditions Governing the Employment of Filipino Seafarers On-Board Ocean-Going Vessels, specifically Section 20 (B)(3), which outlines the employers’ obligations regarding reporting requirements for seafarers claiming disability benefits.
Case Background
Wilmer O. De Andres was employed on a fishing vessel in Taiwan under an Employment Contract that stipulated his role and salary. However, he encountered exploitation, working excessively long hours and being subjected to a contract alteration that adversely affected his pay and conditions. On February 27, 2009, he suffered a severe leg injury due to an accident on the vessel, which resulted in multiple surgeries. Despite his dire medical condition, which rendered him unable to work, he faced challenges in obtaining repatriation and adequate medical care.
Findings of the Labor Arbiter
The Labor Arbiter ruled in favor of De Andres, awarding him total and permanent disability benefits, sickness allowance, and other compensations. The LA deduced that De Andres was forced to sign a Memorandum of Agreement (MOA) that waived his claims in exchange for a termination payment, which he contended was inadequate and coercively signed to ensure his return to the Philippines.
NLRC and CA Rulings
The NLRC reversed the LA's decision, asserting that De Andres failed to comply with the mandatory reporting requirements stipulated under the POEA-SEC. It emphasized that he did not submit himself for a medical examination by the company-designated physician upon returning to the Philippines. The CA upheld the NLRC's ruling, concluding that the waiver found in the MOA was legally binding.
Petitioner's Arguments
In his petition to the Supreme Court, De Andres contended that the mandatory reporting requirement should not be strictly enforced as he faced employer obstruction when he attempted to comply. He argued that the MOA was an invalid quitclaim due to the unconscionable consideration it offered compared to his legitimate claims under the employment contract.
Respondents' Defense
The respondents maintained that De Andres’s injuries resulted from his negligence and that he voluntarily signed a valid MOA. They cited that before his repatriation, he was assessed by a physician in Taiwan who declared him fit for work, arguing that he forfeited the right to claim disability benefits by failing to follow the reporting protocol as mandated.
Supreme Court's Analysis
The Supreme Court found merit in De Andres's petition, stating that the denial of his disability claims could not solely rely on the reportorial requirement as he was effectively prevented from complying due to the employer's denial of his claims. The Court emphasized that the employer had an obligation to refer De Andres to a company-designated physicia
...continue readingCase Syllabus (G.R. No. 217345)
Background of the Case
- The case involves a petition for review on certiorari by Wilmer O. De Andres against Diamond H Marine Services & Shipping Agency, Inc., Wu Chun Hua, and Ruben J. Turingan.
- The petition seeks to reverse the July 31, 2014 Decision and the March 12, 2015 Resolution of the Court of Appeals, which upheld the January 18, 2012 Decision of the National Labor Relations Commission (NLRC) that reversed the Labor Arbiter's ruling.
- The core issue revolves around De Andres's claim for total and permanent disability benefits following an injury sustained while working as a seafarer.
Employment Details
- Wilmer O. De Andres was employed by Diamond H Marine Services for a fishing vessel under an Employment Contract signed on February 1, 2008.
- The contract stipulated a monthly salary of NT$17,280.00 for a duration of two years.
- De Andres reported that he was made to sign an additional agreement that altered the terms of the original POEA-approved contract, which he claimed reduced his salary and increased his workload.
Incident and Injury
- On February 27, 2009, while lowering fishing nets, De Andres was thrown overboard and sustained severe injuries, including an open fracture to his left tibia and fibula.
- He was treated at Keelong Hospital, undergoing surgery and facing complications including the need for multiple operations and a prolonged recovery period.
- De Andres requested repatriation multiple times but was only allowed to return to the Philippines on February 4, 2010, due to the expiration of his employment contract.
Repatriation and Forced Agreement
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