INITIAL DRAFT CIMATU, JYRUS

LABOR LAW

MAGSAYSAY MARITIME CORPORATION v. ALLAN BUICO

G.R. No. 230901, 5 December 2019, First Division (Caguioa, J.)

DOCTRINE OF THE CASE

If the company designated physician fails to give his assessment within the
period of 120 days with a sufficient justification (e.g. seafarer required further medical
treatment or seafarer was uncooperative), then the period of diagnosis and treatment
shall be extended to 240 days.

Referral to a third doctor is always mandatory. Without it, there is no valid

challenge to the company-designated physician’s findings.

FACTS:

Magsaysay Maritime Corporation hired Allan Buico for its principal, Princess
Cruise Lines Limited as a Second Pantryman which included basic pay and overtime
pay at stipulated rates.

Allan figured into an accident which caused injuries in his arms and legs. First aid
was given and he was subsequently operated in Canada. He was repatriated back in
the Philippines where the company physician recommended rehabilitation and therapy
sessions to which the employee complied with.

After attending the sessions, the physician assessed the progress of Buico and
gave a Grade 10 Disability rating in accordance with the Philippine Overseas
Employment Administration standards. Dissatisfied with such rating, Buico sought a
second opinion from another physician which declared him unfit to be working sea duty
due to his permanent disability status.

Buico filed a complaint before the Labor Arbiter to which it found in favor of the
company in ruling that the employee indeed suffered a Grade 10 disability and that the
physician was more thorough than the second doctor. The NLRC reversed the decision
of the Labor Arbiter to which the Court of Appeals affirmed.

ISSUE:

Is Buico entitled to the award of total and permanent disability benefits? (NO)

RULING:

Referral to a third doctor is always mandatory. Without it, there is no valid

challenge to the company-designated physician’s findings.

If the company designated physician fails to give his assessment within the
period of 120 days with a sufficient justification (e.g. seafarer required further medical
treatment or seafarer was uncooperative), then the period of diagnosis and treatment
shall be extended to 240 days. Records undoubtedly show that the doctor’s assessment
of Buico’s disability is specific, final, and uncontested by a valid third doctor which must
be binding.
 OFFICE OF THE COURT ADMINISTRATOR v. NORMAN WISCO
G.R. No. 237997, 19 August 2019, Third Division (Inting J.)

DOCTRINE OF THE CASE

In recommending administrative liability against judges or justices, reference

only be made to Rule 140 of the Rules of Court, as regard to the charges and
imposable penalties.

A judge has no authority to act on a case once retired from office. Once a
judge retires, all his authority to decide a case also retires with him. He has
lost entirely his power and authority to act on all cases assigned to him prior to
his retirement.

FACTS

Judge Salvador submitted his application for optional retirement effective

January 31, 2018. The Judicial Audit Team performed an audit and inventory of
Judge Salvador’s cases in his salas.
 The report of the Audit team reflects that even after the effectivity of
Judge Salvador’s optional retirement, he continued to conduct hearing, issue
orders, and render decisions. It was recommended by the Audit team that he
be charged with an administrative case for Grave Misconduct and Ignorance of
the Law .

The Office of the Court Administrator recommended that Judge Salvador

is guilty of Conduct Grossly Prejudicial to the Best Interest of the Service and a
fine of 100,000 pesos in addition to the declaration that the cases which have
been decided upon be declared null and void.

ISSUE

Is Judge Salvador guilty? (YES)

RULING

Yes. Although the recommendation of the OCA was erroneous, Judge

Salvador’s act was illegal. It must be preliminarily addressed that applications
for retirement must be made six months prior to the such act and not just nine
days which the judge did.

After the effectivity of the retirement, Judge Salvador no longer possess

any power to dispense of a case within his sala. A judge has no authority to act
on a case once retired from office. Once a judge retires, all his authority to
decide a case also retires with him. He has lost entirely his power and authority
to act on all cases assigned to him prior to his retirement.