FIRST DIVISION
[G.R. No. 232567. November 20, 2017.]
ROWEL L. BAGONGHASA, petitioner,vs. REINIER PACIFIC INTERNATIONAL SHIPPING, INC., AET SHIPMANAGEMENT (SINGAPORE), PTE. LTD., AND/OR MR. AMADO L. CASTRO, JR., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedNovember 20, 2017, which reads as follows: ETHIDa
"G.R. No. 232567 (Rowel L. Bagonghasa v. Reinier Pacific International Shipping, Inc., AET Shipmanagement (Singapore), Pte. Ltd., and/or Mr. Amado L. Castro, Jr.). — Petitioner's motion for an extension of 30 days within which to file a petition for review on certiorari is GRANTED.
After deliberating on the issues presented in the instant case and finding no reversible error in the assailed ruling, this Court resolves to DENY the petition.
Temporary total disability benefits shall be paid if an injury or a sickness requires medical attendance beyond 120 days, but not exceeding 240 days. 1 In the instant case the initial 120-day treatment or temporary total disability period had lapsed. Nonetheless, the company-designated doctor made a declaration within the extended 240-day period that petitioner was fit to work.
Moreover, petitioner's failure to secure a third doctor was in breach of the 2010 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC) 2 and prevailing jurisprudence. 3 Based on the foregoing, if the seafarer's chosen doctor disagrees with the assessment of the company-designated physician, the employer and the seafarer may agree on a third doctor, whose decision shall then become final and binding on both parties. In any case, there was a basis for considering the findings and conclusion of the company-designated physician, since he had treated petitioner from 21 July 2011 to 12 March 2012, while the latter's chosen doctor had examined him only once or on 3 February 2012.
WHEREFORE, premises considered, the petition is DENIED. The assailed Decision and Resolution of the Court of Appeals in CA-G.R. SP No. 131375 are AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Articles 197, 198 and 199 of the Labor Code in relation to Rule X of the Rules Implementing Title II, Book IV; Ace Vergara v. Hammonia Maritime Services, 588 Phil. 895 (2008).
2. Paragraph 3, Section 20 (A) of the 2010 POEA-SEC states:
SECTION 20. COMPENSATION AND BENEFITS. —
xxx xxx xxx
A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows:
xxx xxx xxx
3. x x x
If a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor's decision shall be final and binding on both parties. (Emphasis supplied)
3.Formerly INC Ship Management v. Rosales, 740 Phil. 638 (2014); OSG Shipmanagement Manila v. Pellazar, 712 Phil. 507 (2014); Philippine Hammonia Ship Agency v. Dumadag, 744 Phil. 774 (2013).