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Philippine Shipping Update – Manning Industry
By: Ruben Del Rosario, President, Del Rosario Pandiphil Inc., February 3, 2011
This issue contains the following:
Seafarer must prove allegations of illness on board the vessel in order
to justify his disability claim Miscellaneous News: Accredited Insurance
Companies for AMWA; Brazilian Immigration Fines; Newly Appointed
Government Officials
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Seafarer must prove allegations of illness on board the
vessel in order to justify his disability claim
On 16 October 2001, seafarer disembarked from the vessel due
to expiration of contract. He was re-examined for his next deployment
and was found physically fit. On 2 February 2002, while waiting fo
r his reemployment, he felt pain and numbness in his left leg. He
consulted an independent physician who diagnosed him to be suffering
from critical limb ischemia. He underwent a series of medical
procedures but his condition did not improve. He finally underwent
a below-knee amputation of his left leg. He then demanded payment
for permanent disability benefits alleging that he complained of
throbbing pain on his left leg while on board the vessel but was
ignored. He also alleged that he requested for medical check-up
after his repatriation but was again ignored. He filed a complaint with
the NLRC on 10 June 2004.
The Labor Arbiter rendered a decision in favor of the seafarer and
ruled that seafarer’s illness was work-related. The NLRC reversed the
decision of the Labor Arbiter. The commission dismissed the complaint
after finding that seafarer’s claims were not supported by substantial
evidence to prove that his illness was work-related.
The Court of Appeals affirmed the decision of the NLRC. The court
ruled that seafarer’s claim must fail as he was unable to present
evidence that he had notified the ship captain nor the respondent
about his alleged medical complaint while on board the vessel or
after disembarkation.
On the other hand, vessel presented an affidavit of vessel’s manning
agent which attests to the fact that vessel did not receive any
complaint from seafarer while on board the vessel or after
disembarkation. This affidavit was never refuted by seafarer.
On appeal to the Supreme Court, the Court ruled that seafarer’s
allegation was a bare allegation and a mere conjecture as no
evidence was presented. Moreover, the Court said that they have
no compelling reason to deviate from the factual findings of the NLRC
stating that petitioner has failed to establish that his illness was
work-related. Hence, he is not entitled to claim permanent disability
benefits. The Court held that the factual findings of quasi-judicia
l agencies like the NLRC, when affirmed by the Court of
Appeals, are conclusive upon the parties and binding on the
(Supreme) Court.
(In this case, the Supreme Court also ruled on the issue of prescription
of seafarer’s claims. The Court ruled that seafarer’s claim has not
prescribed as under the 2000 POEA Standard Employment Contract,
the claim prescribes in three years to be reckoned from seafarer’s
disembarkation from the vessel. However, as discussed, the claim
was denied even if the claim has not prescribed.)
Arnaldo Gabunas vs. Scanmar Maritime Services Inc., Mr. Vicente
Brillantes and IUM Ship Management ; G.R. No. 188637 ; December
15,2010 ; Third Division; Associate Justice Maria Lourdes Sereno,
Ponente (Attys. Jerome Pampolina and Herbert Tria of Del Rosario
& Del Rosario handled for vessel interests).
Miscellaneous News
Accredited Insurance Companies for the Amended Migrant
Workers Act (AMWA)
As of this writing, the following are the accredited insurance companies:
1. Pioneer Insurance and Surety Corporation
2. Pioneer Life Insurance Corporation
3. Mafre Insular Insurance Corporation
4. Insular Life Assurance Company Ltd.
5. United Coconut Life Planters Assurance Corporation
6. Philippine Charter Insurance Corporation
7. Paramount Life & General Insurance Corporation
Suspension of Immigration Fines in Brazil
Immigration fines imposed by Brazilian authorities on seafarers from
countries which are not signatories to ILO C108 or C185 (Seafarers
Identification Document Convention 1958 / 2003) have been suspended.
The Philippine Joint Manning Group have made strong representations
to the concerned Philippine government authorities to immediately
ratify the subject conventions.
Newly Appointed Government Officials
New appointees to the government affecting the manning industry include:
1. Philippine Overseas Employment Administration (POEA) -
ADMIN. CARLOS CAO, JR. (Appointed Administrator on 06 January 2011)
2. Philippine Regulation Commission (PRC) -
COMR. JENNIFER J. MANALILI (Appointed Commissioner on 09 January 2011)
3. Maritime Training Council (MTC) -
DIR. LIBERTY T. CASCO (Appointed Executive Director on 20 November 2010)
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