Case Summary (G.R. No. 231748)
Petitioner and Respondents
Petitioner: Richard Lawrence Daz Toliongco
Respondents: Court of Appeals; National Labor Relations Commission (NLRC); Anglo-Eastern Crew Management Philippines, Inc.; Anglo-Eastern (Antwerp) NV; Gregorio B. Sialsa; corporate officers and directors; M/V Mineral Water
Employment Contract Terms
Toliongco’s seven-month contract (Oct. 30, 2013–May 2014) provided a basic monthly salary of US$ 604, overtime compensation, vacation pay, and a repatriation point in Manila. The contract incorporated POEA Memorandum Circular No. 10, s. 2010, and a Belgian collective bargaining agreement.
Facts of Sexual Harassment
On June 27, 2014, while cleaning the galley, Toliongco encountered CO Oleksiy twice. On both occasions, Oleksiy disrobed, demanded sexual acts, and physically seized Toliongco’s arm. Toliongco resisted, escaped to the smoking room, and obtained corroborative accounts from Able Seaman Desiderio Paner and Chief Cook Edenjarlou Eseo. The incidents were logged in the ship’s Deck Log Book.
Repatriation and Medical Diagnosis
Toliongco reported the harassment to the captain and sought repatriation on July 12, 2014. Company physicians reportedly examined him, but he failed to comply with the mandatory three-day post-employment medical examination. On November 24, 2014, Dr. Randy Dellosa diagnosed PTSD, later confirmed by Dr. Li-Ann Lara-Orencia, who deemed him unfit for sea duty.
Labor Complaint and Arbiter’s Findings
On March 2, 2015, Toliongco filed a labor complaint for constructive dismissal, sexual harassment, maltreatment, disability benefits, damages, and attorney’s fees. The Labor Arbiter found constructive dismissal due to a hostile work environment, awarded unpaid salary for the unexpired contract, moral damages (₱20,000), exemplary damages (₱10,000), and attorney’s fees (₱5,438.41), but denied disability benefits for non-compliance with the three-day rule.
NLRC Decision
The NLRC affirmed constructive dismissal and salary award but deleted moral and exemplary damages. It granted financial assistance of ₱30,000 and 10% attorney’s fees, again denying disability benefits for lack of proof that PTSD was work-related and for non-compliance with post-employment medical requirements.
Court of Appeals Decision
The Court of Appeals denied Toliongco’s certiorari petition, ruling the NLRC did not abuse discretion. It upheld the mandatory nature of the three-day medical examination and found no substantial evidence linking PTSD to employment. Awards for moral and exemplary damages were affirmed deleted.
Issues on Appeal
(1) Whether the three-day post-employment medical examination rule is mandatory or if PTSD excuses non-compliance;
(2) Whether PTSD is a work-related or work-aggravated illness under the POEA Standard Employment Contract;
(3) Whether Toliongco is entitled to moral, exemplary damages, and attorney’s fees for sexual harassment.
Mandatory 3-Day Reportorial Requirement
Under the 2010 POEA Standard Employment Contract, seafarers must undergo post-employment medical examination within three working days of repatriation, failing which disability claims are forfeited. Exceptions exist if the seafarer is physically or mentally incapacitated or if the employer prevents examination.
Work-Related Mental Disorder Analysis
Section 32 of the POEA contract confines mental disorder compensation to post-traumatic psychoneurosis caused by head injuries. Section 32-A covers occupational diseases meeting specific exposure criteria. PTSD, diagnosed without head trauma, falls outside Section 32’s schedule, requiring proof under Section 32-A that harassment aggravated the illness.
Unique Seafarer Environment as Factor
Continuous exposure aboard a vessel leaves no refuge from a harassing superior. The confined space and inabilit
Case Syllabus (G.R. No. 231748)
Facts and Employment Terms
- On October 30, 2013, petitioner Richard Lawrence Daz Toliongco was employed by Anglo-Eastern Crew Management Philippines, Inc. as a messman aboard the M/V Mineral Water under a seven-month contract.
- The contract provided a basic monthly salary of US$604.00, 44 working hours per week, overtime pay, vacation leave pay, and was governed by POEA Memorandum Circular No. 010-10.
- Toliongco embarked on the vessel on February 23, 2014, with Manila as point of hire and operations subject to a collective bargaining agreement in Belgium.
Incident of Sexual Harassment
- On the night of June 27, 2014, while cleaning the galley, Toliongco delivered dinner and fruits to Chief Officer Korolenko Oleksiy.
- CO Oleksiy invited Toliongco into his cabin, removed his clothes, and forcibly tried to engage him in sexual acts, including demand for masturbation and oral sex.
- Toliongco resisted and escaped; Able Seaman Desiderio Paner and Chief Cook Edenjarlou Eseo corroborated the harassment in written statements recorded in the deck logbook.
- Following threats to his life by CO Oleksiy, Toliongco requested a reliever and was repatriated to the Philippines on July 12, 2014.
Medical Examination and Diagnosis
- Upon arrival, company physicians examined Toliongco and acknowledged sexual harassment and physical abuse.
- On November 24, 2014, clinical psychologist Dr. Randy Dellosa diagnosed Toliongco with Post-Traumatic Stress Disorder (PTSD) based on intrusive memories, avoidance, anger, concentration problems, and sleep disturbance.
- Dr. Li-Ann Lara-Orencia verified the diagnosis and concluded that Toliongco could not return to sea duty.
Labor Complaint and Arbitration
- On March 2, 2015, Toliongco filed a complaint for constructive dismissal, sexual harassment, maltreatment, and prayed for disability benefits, payment of unexpired contract salary, damages, and attorney’s fees.
- Anglo-Eastern Crew contended that Toliongco voluntarily terminated his contract, did not repatriate on medical grounds, failed the three-day post-employment medical and reportorial requirement, and lacked company-designated physician certification.
Labor Arbiter’s Decision
- The Labor Arbiter found constructive dismissal due to a hostile work environment following Toliongco’s harassment complaint and awarded:
- Salary for the unexpired portion of contract (₱54,384.16)
- Moral damag