Philippine Shipping Updates – Manning Industry [Download]

By:  Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc., February 26, 2007

“120 days” issue clarified by Supreme Court

The Supreme Court in its resolution of February 22, 2007, has clarified the “120 day issue” in the Crystal Shipping case. 

In said case, the Court had originally held that a seafarer who is unable to work for more than 120 days is deemed totally and permanently disabled. 

In its new resolution, the Court reversed itself by stating that “admittedly, POEA Memorandum Circular No. 55, Series of 1996 does not measure disability in terms of number of days but by gradings only.  Thus, the Court said that one should not use the number of days as a measure of disability but one should use the grading given by the doctor.  

While a reading of the decision does not fully addressed the issue, there is now room to argue that disability cannot be measured in terms of the number of days in which the seafarer is ill or injured or is unable to work but in the disability grading given by a doctor using the POEA Schedule of Disability Allowances.

We thank the leaders and members of FAME, PAMAS, PJCC, FSA and INTERMAP who saw the importance of the issue and agreed with our recommendation to intervene in the Remigio case.  Without such intervention, the issue would have not been brought to the fore.  We also thank industry leaders and concerned individuals, both in the Philippines and abroad, who made representations with Philippine government officials and raised enough “noise” that the Court must have realized that the issue had to be reheard.

We now await the Court’s decision in the other case, the Remigio case.  The Crystal Shipping resolution is but a first step in the right direction and hopefully, the Court would fully address the “120 day issue” in the Remigio case.

In the meantime, some work needs to be immediately done before further decisions citing Crystal Shipping are issued.

Our firm will be filing supplemental pleadings in all appealed decisions where the “120 day issue” was used to render an adverse decision. Similar pleadings will also be filed in ongoing cases where the opposing counsel has used as argument the previous Crystal Shipping decision.

We strongly suggest that manning agents and principals should instruct their lawyers to follow the same course of action. Such pleading should point out that the Supreme Court has now clarified its decision on said issue.  Said supplemental pleading must be filed as soon as possible.

Those who want a copy of the Supreme Court decision may email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it..

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Del Rosario & Del Rosario
Del Rosario Pandiphil Inc.
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