Wallem Maritime Services, Inc. vs. Tanawan

WALLEM MARITIME SERVICES, INC. VS.
TANAWAN
FACTS:
On May 12, 1997, the petitioner, then acting as local agent of Scandic Ship
Management, Ltd., engaged Ernesto C. Tanawan as dozer driver assigned to the vessel, M/V
Eastern Falcon, for a period of 12 months. Under the employment contract, Tanawan was
entitled to a basic salary of US$355.00/month, overtime pay of US$2.13/hour, and vacation
leave pay of US$35.00/month.
On November 22, 1997, while Tanawan was assisting two co-workers in lifting a
steel plate aboard the vessel, a corner of the steel plate touched the floor of the deck,
causing the sling to slide and the steel plate to hit his left foot. He was brought to a hospital
in Malaysia where his left foot was placed in a cast. His x-ray examination showed he had
suffered multiple left toes fracture.
Following Tanawan's repatriation on November 28, 1997, his designated physician,
Dr. Robert D. Lim, conducted the evaluation and treatment of his foot injury at Metropolitan
Hospital, the designated hospital.
On April 7, 1998, Tanawan underwent bone grafting and was discharged on the next
day.[8] On May 21, 1998, conformably with the orthopedic surgeon's findings, Dr. Lim
reported that Tanawan was already asymptomatic and pronounced him fit to work.[9] It is
noted that from November 30, 1997 until April 1998, Tanawan was paid sickness
allowances equivalent to his monthly salary.
On August 25, 1998, due to the worsening condition of his right eye, Tanawan also
went to the clinic of Dr. Hernando D. Bunuan for a disability evaluation, not of his foot injury
but of an eye injury that he had supposedly sustained while on board the vessel.
On November 26, 1998, Tanawan filed in the Arbitration Branch of the NLRC a complaint
for disability benefits for the foot and eye injuries, sickness allowance, damages and
attorney's fees against the petitioner and its foreign principal.
On January 21, 2000, the Labor Arbiter ruled in Tanawan's favour.
The petitioner appealed to the NLRC. On June 13, 2001, the NLRC reversed the Labor
Arbiter's decision and dismissed Tanawan's complaint for lack of merit.
After the NLRC denied his motion for reconsideration,[27] Tanawan commenced a special
civil action for certiorari in the CA. On November 29, 2002, the CA rendered its assailed
decision in favor of Tanawan. On October 17, 2003, the CA denied the petitioner's motion
for reconsideration for lack of merit.
ISSUES:
1. Whether or not the standard employment contract of The Philippine Overseas
Employment Administration ("POEA") is the law between the seaman and the
manning agent.
2. Whether or not a seaman can claim disability benefits after he failed to report his
alleged injury within the three-day reglementary period as required and imposed by
law.
RULING:
1. Partly true. The employment of seafarers, and its incidents, including claims for death
benefits, are governed by the contracts they sign every time they are hired or rehired. Such
contracts have the force of law between the parties as long as their stipulations are not
contrary to law, morals, public order or public policy.
While the seafarers and their employers are governed by their mutual agreements, the
POEA rules and regulations require that the POEA SEC, which contains the standard terms
and conditions of the seafarers' employment in foreign ocean-going vessels, be integrated in
every seafarer's contract.
2. No. The pertinent provision of the 1996 POEA SEC, which was in effect at the time of
Tanawan's employment, was Section 20(B) (3), which reads:
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 his forfeiture of the right to claim
the above benefits.
Tanawan's claim for disability benefits due to the eye injury was already barred by his
failure to report the injury and to have his eye examined by a company-designated
physician.[40] The rationale for the rule is that reporting the illness or injury within three
days from repatriation fairly makes it easier for a physician to determine the cause of the
illness or injury. Ascertaining the real cause of the illness or injury beyond the period may
prove difficult.

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WALLEM MARITIME SERVICES, INC. VS.

On January 21, 2000, the Labor Arbiter ruled in Tanawan's favour.

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