603 Phil. 534
CARPIO MORALES, J.:
Impression) (1) Suspected ischemic heart disease (2) HypertensionSubsequently or on April 26, 2000, respondent, by letter of even date addressed to Captain Thomas Cristino, Crewing Manager of petitioner Virjen, wrote, quoted verbatim:
Treatment) Calcium channel block medication. Jao Ho Lee"[2] (Emphasis and underscoring supplied)
"With much regret, I would like to say my sincere sorry for having me decided to quit my job. Poor Health is the main reason and thus affecting the performance of my duty.Upon arrival of the vessel in Singapore and prior to his disembarkation, respondent again requested on May 13, 2000 medical treatment for abscess in his left thumb. Dr. Ivan Chan of Gleneagles Maritime Medical Centre who attended to respondent stated in his report:
However too, if somebody is going to disembark this coming May in Singapore may I respectfully request your permission to allow me to join said disembarkation crew. Just in case it is not possible, then I will patiently wait to those are scheduled by early June."
As well, it is clear to me that I am responsible for my airfare and to joining crew as my replacement since I have not complied with the terms of the contract.
Thank you very much to your kind consideration & understanding & hope this irrevocable resignation be granted on proper time so as to allow me to accommodate the due expenses for repatriation."[3] (Emphasis and underscoring supplied)
Name/Age: Jesus B. Barraquio/50Respondent was allowed by petitioners to disembark. He arrived in the Philippines on May 15, 2000. On August 2, 2000, respondent signed a Statement of Account acknowledging set-off of his vacation leave pay in the amount of P15,188.75 from the cost of finding respondent's replacement and the cost of repatriation in the amount of P38, 373.65. For the balance of P23, 184.90, respondent signed a promissory note in favor of petitioner Virjen.
Rank/Nationality: CCK/Filipino
Agent/Vessel: Heng Fu Kot/Golden Progress
Allergy: Nil
HISTORY: Painful swelling left thumb for 10 days. History of hypertension for 3 years, on calciblock. Medication finished. Cholesterol normal.
x x x x
DIAGNOSIS: ABSCESS LEFT THUMB; HYPERTENSION
x x x x
RECOMMENDATIONS:
DISPOSITION: Fit to sail.[4] (Emphasis and underscoring in the original; italics supplied)
WHEREFORE, premises considered, judgment is entered finding respondents foreign principal and manning agency and its president/chairman Eng. Emilio A. Santiago and the rest of the corporate officers liable to pay to complainant his money claims as above discussed, thus ORDERING said respondents and officers in solido:On appeal, the National Labor Relations Commission (NLRC) First Division by Decision of August 30, 2002 reversed the ruling of the Labor Arbiter and dismissed the complaint for lack of merit.[7] Albeit echoing the same factual background, the NLRC found respondent's resignation voluntary, hence, he cannot claim entitlement to the benefits under the Standard Employment Contract of the Philippine Overseas Employment Administration (POEA). Thus, the NLRC First Division declared:
1) to reimburse to complainant his receipted cost of medical expenses incurred to Annex "J-8." Complainant's Affidavit dated 01 July 2002) of P1,270.00;
2) to pay complainant his sickness allowance up to maximum equivalent of basic wage x 120 days or US $ 2,320.00 under Sec. 20 (B) in par. 2, Standard Employment Contract for Seafarers;
3) to pay complainant his disability benefits in accordance with the schedule of benefits in Sec. 30 of the Contract with disability rating of Grade 6 pursuant to Schedule of Disability Allowance in Sec. 30-A of the POEA SEC, with impediment percentage of 50% equivalent to US $25,000.00; and finally,
4) to pay complainant moral and exemplary damages in the combined amount of two hundred thousand pesos (P200,000.00) and 10% of the entire award as attorney's fees.
SO ORDERED.[6]
The aforequoted handwritten resignation, the terms and conditions of which are very clear and explicit that he is quitting his job and even executed a promissory note to pay the amount of P23,184.90 representing the balance of his repatriation and his replacement's expenses.On respondent's petition for certiorari, the Court of Appeals reversed the NLRC Decision in light of the observation that respondent's hypertension probably developed while on board the vessel, viz:
Further, complainant-appellee (respondent) even signed the Statement of Account after he signed-off from the vessel on August 02, 2000. The same shows the balance due Virjen Shipping Corporation which apparently may be construed that complainant-appellee knew from the beginning that he is liable for his and his replacement transportation because he pre-terminated his employment contract. (Underscoring supplied)
Thus, We are constrained to declare compensability primarily because evidence points that petitioner's hypertension was probably developed while on board the vessel. After all, strict rules of evidence are not applicable in claims for compensation. In fact, in NFD International Manning Agents, Inc. vs. NLRC, the High Court held that probability and not the ultimate degree of certainty is the test of proof in compensation proceedings.[8] (Citations omitted, italics in the original, emphasis and underscoring supplied)The appellate court thus disposed:
WHEREFORE, the petition is GRANTED. The assailed NLRC Decision is hereby NULLIFIED and the Labor Arbiter Decision REINSTATED with the MODIFICATION that the name Engr. Emilio Santiago and the rest of the corporate officers are ordered deleted from its dispositive portion.Hence, the present petition, petitioners positing the following arguments:
SO ORDERED.[9] (Emphasis in the original; underscoring supplied)
As a general rule, only questions of law may be raised and resolved by the Court as regards petitions brought under Rule 45 of the Rules of Court. The reason being that the Court is not a trier of facts, hence, it is not duty bound to re-examine the evidence on record.
- .... That there is no disharmony between the factual findings of the Labor Arbiter and those of the NLRC. The findings of the NLRC are more in accord with the evidence presented in the proceedings.
- ... That private respondent's resignation letter was voluntary and made upon his own instance, the petitioner's (sic) argument of involuntariness has no factual basis and is a mere afterthought. Having resigned from his position, private respondent is not entitled to his monetary claims.
- Assuming, without admitting, that private respondent was medically repatriated as "poor health" was stated as the reason for his resignation only bolsters the view that private respondent knew of his history of hypertension prior to boarding the MV "Golden Progress" and that he concealed such material information in his pre-employment medical examination (PEME for brevity).
- Private respondent's PEME is not binding against the petitioners with respect to the determination of his true state of health and that petitioner's willful and fraudulent concealment of his known pre-existing medical condition bars him from receiving disability benefits. (Underscoring supplied)
SECTION 20. COMPENSATION AND BENEFITSIf respondent was indeed repatriated for medical reasons, he was, under the above-said provision, required to undergo post-employment medical examination by a company-designated physician within three working days from arrival. Contending that he complied therewith, he invites attention to the written annotation "Reported To Office - May 17/00" on the medical report from Gleneagles Maritime Medical Centre.
B. x x x
(2) If the injury or illness requires medical and/or dental treatment in a foreign port, the employer shall be liable for the full cost of such medical, serious, dental, surgical and hospital treatment as well as board and lodging until the seafarer is declared fit to work or to be repatriated.
However, if after repatriation, the seafarer still requires medical attention arising from said injury or illness, he shall be provided at cost to the employer until such time he is declared fit and the degree of his disability has been established by the company-designated physician.
3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days.
For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in the forfeiture of his right to claim the above benefits.
If the doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor's decision shall be final and binding on both parties. (Underscoring supplied)