Heirs of Amadeo v. North Sea Marine Services Corporation et. al.

G.R. No. 244437, September 14, 2020

Delos Santos, J.
FACTS:

Amadeo signed a shipboard contract with North Sea for a six-month stint as a Suite Attendant on
the cruise ship Silver Whisper. His role included cabin upkeep, room services, laundry tasks, and
messenger services. Amadeo's family claimed that the chemicals used for cleaning in cruise
ships, similar to five-star hotels, caused him to suffer nosebleeds. He sought medical help
onboard and later in a hospital in Copenhagen, where he was declared unfit for sea duties due to
Multiple Myeloma, a type of blood cancer.

Upon returning to the Philippines, Amadeo went to North Sea's clinic, Transglobal Health
System, Inc., and the Chinese General Hospital. The company-designated physician diagnosed
him with Multiple Myeloma, and he was labeled with a Grade 1 Disability. Despite requesting
his medical records, North Sea denied him access but Amadeo managed to photograph his final
medical assessment. An independent physician confirmed his diagnosis and deemed him unfit
for sea service.

Amadeo notified the company about the independent physician's findings and asked for a third
medical opinion, but his requests were ignored. He then sought a grievance proceeding and
proposed mediation, which led to no resolution. Subsequently, the matter was escalated to
Voluntary Arbitration based on the company's Collective Bargaining Agreement (CBA).

ISSUE:

Whether or not the petitioners are entitled to financial assistance. (AFFIRMATIVE)

RULING:

Even if Amadeo is not entitled to any disability benefits, the Court, has in several instances,
awarded financial assistance to separated employees due to humanitarian considerations
through the principle of social and compassionate justice for the working class. Hence, the
award of financial assistance is essentially subject to the sound discretion of the courts.

Considering that Amadeo has rendered several years of service with North Sea and there was no
showing that he has derogatory records and that his employment was not severed due to the
commission of an infraction but due to a debilitating illness, the Court agrees with the CA in
awarding financial assistance to Amadeo. Moreover, North Sea is willing to provide financial
assistance to petitioners.