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Philippine Shipping Updates – Manning Industry [Download]
By: Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc., April 12, 2007
This issue contains the following:
Supreme Court upholds ship’s logbook as evidence of seafarer’s misconduct
Supreme Court upholds seafarer’s right to get second opinion
Miscellaneous news items
Supreme Court upholds ship’s logbook as evidence of seafarer’s misconduct
Seafarer was repatriated on his own request. On arrival in Manila, he filed a claim for illegal dismissal alleging that the master had a grudge against him and had him dismissed. The Labor Arbiter dismissed the complaint but this was reversed by the NLRC. The Court of Appeals ruled that the dismissal was for cause and the seafarer brought the case before the Supreme Court.
The Court ruled that seafarer was validly dismissed. There is nothing in the records that supports seafarer’s contention of a grudge against him by the Master. On the contrary, the ship’s log states that seafarer was drunk four (4) times and was not in his post once. Moreover, master’s report shows that seafarer was involved in a fight among several members of the crew. Article 282 of the Labor Code holds that serious misconduct in the form of drunkenness and disorderly and violent behavior, habitual neglect of duty, and insubordination or willful disobedience to the lawful orders of his superior officer, are just causes for dismissal of an employee.
The Court ruled that the ship’s log, which recorded seafarer’s misconduct, is “prima facie evidence of the facts stated therein”. The ship’s log is the official record of a ship’s voyage which its captain is obligated by law to keep wherein, among others, he records the decisions he has adopted, a summary of the performance of the vessel, and other daily events.
The Court further ruled that the “logbook is a respectable record that can be relied upon when the entries therein are presented in evidence.” The Court then cited its various rulings wherein vessel’s logbook was upheld as good evidence.
Deogracias Cansino vs. Prudential Shipping and Management Corporation (in substitution for Medbulk Maritime Management Corporation) and Sea Justice, S.A., G.R. No.155338, February 20,2007, First Division, Justice Angelina Sandoval-Gutierrez, Ponente; NOTE: This case was handled by our Agnes Lucero / Charles de la Cruz
Supreme Court upholds seafarer’s right to get second opinion
Seafarer (Respondent) was hired as an Able-Bodied Seaman under the Old POEA Standard Employment Contract. He suffered an injury when his left foot was pinned between the ship’s two metal beams. He was repatriated and was examined and treated in several hospitals and clinics. The company-designated physician characterized respondent’s injuries as closest to “complete immobility of an ankle joint in normal position” and was rated with impediment Grade 11, amounting to US$7,465.00. Despite the treatment, respondent continued to suffer from severe pain and difficulty in moving. He then filed a complaint for payment of permanent and total disability benefits.
The Labor Arbiter rendered decision in favor of the respondent and awarded the amount of US$7,465.00, equivalent to impediment Grade 11.
The NLRC reversed the ruling and sided with the medical findings of two (2) government doctors that seafarer even if surgically treated can no longer return to work as a seaman.
The Court of Appeals affirmed the NLRC’s decision and declared that respondent’s injury rendered him incapable of performing the same work or work of a similar nature as he was trained or accustomed to. The court further ruled that “claimant’s disability should not be understood solely on its medical significance, but also on the real and actual effects of the injury to the claimant’s right and opportunity to perform work and earn a living.”
The Supreme Court upheld the Court of Appeals. The Court said that while it is the company-designated physician who must declare that the seaman suffered a permanent disability during employment, it does not deprive the seafarer of his right to seek a second opinion. Thus, the POEA Standard Employment Contract recognizes the prerogative of the seafarer to request a second opinion and consult a physician of his choice. Furthermore, the court consistently ruled that “disability is intimately related to one’s earning capacity.” The test to determine its gravity is the impairment or loss of one’s capacity to earn and not its mere medical significance. Moreover, in disability compensation, “it is not the injury per se which is compensated but the incapacity to work.”
Seagull Maritime Corp. and SeaGiant Shipmangement Co., Ltd. vs. Jaycee Dee and NLRC; G.R. No. 165156; April 2, 2007; First Division; Associate Justice Renato C. Corona, Ponente
Miscellaneous news items
• According to POEA statistics, there were 247,983 seafarers deployed in 2005 while in 2006, a total of 260,737 seafarers were deployed.
• As of 30 September 2006, there are 51 training schools accredited by the Philippine Department of Labor and Employment through its maritime arm, the Maritime Training Council.
• Based on the records of the POEA, there are 731 manning agents registered with the POEA but at present there are only 345 which are active and operational manning agents.
• The temporary ban on deployment of seafarers to Nigeria stays (see Philippine Shipping Update, January 23,2007)
• The Remigio case (120 day issue) is still pending resolution by the Supreme Court. The Supreme Court recently clarified its decision in the Crystal Shipping case by ruling that it is not the number of days that is important in determining disability but the disability grading given to the seafarer.
• News item: "Sandigan convicts 2 NLRC officials." The Sandiganbayan (Graft Court) has convicted two officials of the NLRC of graft and sentenced them to 12 years imprisonment. The two were found guilty of illegal confiscation and disposal of properties which were wrongly seized to satisfy a writ of execution. The properties belonged to a third party who was not a respondent in the case.
• News item: “Supreme Court sacks Court of Appeals justice for gross ignorance of the law.” The Supreme Court sacked a Court of Appeals justice for sitting on a motion for reconsideration for six months to more than a year unless the parties “come across”. Also, he effectively extended a Temporary Restraining Order for years whereas the law only allows a TRO to last 60 days.
• News item: “Med tech must pay for misdiagnosis”. The Supreme Court ordered a medical technologist to pay damages to a patient he erroneously found positive for the liver disease hepatitis B. This caused the employee to lose his job.
This publication aims to provide commentary on issues affecting the manning industry, analysis of recent cases and updates on legislation. It is meant to be brief and is not intended to be legal advice. For further information, please email This email address is being protected from spambots. You need JavaScript enabled to view it. .
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Telephone: +63 2 5317 7888, +63 2 8810 1791 Fax: 63 2 5317 7890 24/7
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mail@delrosario-pandiphil.com
Telephone: +63 2 5317 7888, +63 2 8810 1791 Fax: 63 2 5317 7890 24/7
Mobile: 63 917 830 8384