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11jan2017 Aboitiz Vs Rapiz PDF
11jan2017 Aboitiz Vs Rapiz PDF
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DECISION
PERLAS-BERNABE, J.:
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,
Decision 2 G.R. No. 218871
The Facts
6
See Contract of Employment; rollo, p. 128.
"De Quervain's Tenosynovitis" in the Initial Medical Report dated October 18, 2011 (see id. at 131)
and 7th and Final Summary Medical Report dated January 24, 2012 (see id. at 142). "De Quervain
tendinitis," medically defined as "[a] tendon is thick, bendable tissue that connects muscle to bone.
Two tendons run from the back of your thumb down the side of your wrist. [It] is caused when these
tendons are swollen and irritated." See <https://medlineplus.gov/ency/patientinstructions/000537.htm>
and <https://www.ncbi.nlm.nih.gov/pinc/articles/PMC2568250/pdf/jnma00166-0036.pdt> (visited
January 9, 2017).
Rollo, p. 57.
9
In the various medical reports, respondent's date of repatriation was on October 13, 2011 (see id. at
131-143).
10
Id. at 142-143.
11
CA rollo, p. 88.
12
See Medical Evaluation Report dated March 13, 2012; rollo, pp. 145-146.
13
Id. at 57.
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Decision 3 G.R. No. 218871
The VA Ruling
The CA Ruling
14
See Position Paper dated October 29, 2012; CA rol/o, pp. 91-101.
15
See Position Paper dated October 30, 2012; id. at 58-81.
16
Id. at 39-55.
17
Id. at 54-55.
18
Seeid.at51-53.
19
Id. at 54.
20
Not attached to the records of this case.
21
CA rollo, pp. 56-57.
22
Id. at 3-29.
23
Rollo, pp. 56-63.
24
See id. at 59-62.
25
See motion for reconsideration dated February 16, 2015; CA rol/o, pp. 364-387.
26
Rollo, pp. 66-67.
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Decision 4 G.R. No. 218871
The essential issue for the Court's resolution is whether or not the CA
correctly held that respondent is entitled to permanent and total disability
benefits.
In this case, the VA and the CA' s award of permanent and total
disability benefits in respondent's favor was heavily anchored on his failure
to obtain any gainful employment for more than 120 days after his medical
repatriation. However, in Ace Navigation Company v. Garcia, 27 the Court
explained that the company-designated physician is given an additional 120
days, or a total of 240 days from repatriation, to give the seafarer further
treatment and, thereafter, make a declaration as to the nature of the latter's
disability, viz. :
xx xx
27
G.R. No. 207804, June 17, 2015, 759 SCRA 274.
28
Id. at 283, citing Vergara v. Hammonia Maritime Services, Inc., 588 Phil. 895, 912-913 (2008).
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Decision 5 G.R. No. 218871
29
G.R. No. 211882, July 29, 2015, 764 SCRA 431.
30
See id. at 453.
31
Id. at 453-454.
32
See rollo, pp. 142-143 and CA rollo, p. 88.
33
Section 32 of the 2010 POEA-SEC provides that only disabilities classified as Grade 1 shall be deemed
as permanent and total.
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Decision 6 G.R. No. 218871
4
Moreover, it bears noting that as per respondent's contract3 with
Jebsens, his employment is covered by the 2010 POEA-SEC. It is well-
settled that the POEA-SEC is the law between the parties and, as such, its
provisions bind both ofthem. 35 Under Section 20 (A) (6) of the 2010 POEA-
SEC, the determination of the proper disability benefits to be given to a
seafarer shall depend on the grading system provided by Section 32 of the
said contract, regardless of the actual number of days that the seafarer
underwent treatment:
xx xx
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Decision 7 G.R. No. 218871
Finally, the Court finds that the award of attorney's fees lacks legal
basis and, perforce, should be deleted. 40
SO ORDERED.
ESTELAM.~RNABE
Associate Justice
36
G.R. No. 195832, October 1, 2014, 737 SCRA 438.
37
Id. at 453.
38
Under Section 32 of the 20 l 0 PO EA-SEC, a seafarer who suffers a Grade 11 disability is entitled to
US$50,000.00 multiplied by 14.93%, or a total ofUS$7,465.00.
39
See Nacar v. Gallery Frames, 716 Phil. 267, 278-283 (2013).
40
"Anent the issue on attorney's fees, the general rule is that the same cannot be recovered as part of
damages because of the policy that no premium should be placed on the right to litigate. They are not
to be awarded every time a party wins a suit. The power of the court to award attorney's fees under
Article 2208 of the Civil Code demands factual, legal, and equitable justification. Even when a
claimant is compelled to litigate with third persons or to incur expenses to protect his rights, still
attorney's fees may not be awarded where no sufficient showing of bad faith could be reflected in a
party's persistence in a case other than an erroneous conviction of the righteousness of his cause."
(Spouses Vergara v. Sonkin, G.R. No. 193659, June 15, 2015, 757 SCRA 442, 456-457; citations
omitted)
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Decision 8 G.R. No. 218871
WE CONCUR:
CERTIFICATION