FIRST DIVISION
[G.R. No. 247616. September 4, 2019.]
WILFREDO H. CASTRO, petitioner, vs.PHILIPPINE TRANSMARINE CARRIER, INC., ROYAL CARIBBEAN CRUISES, LTD., AND/OR ALAIN G. CARILLOS, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 4, 2019which reads as follows:
"G.R. No. 247616 (Wilfredo H. Castrov.Philippine Transmarine Carrier, Inc., Royal Caribbean Cruises, Ltd., and/or Alain G. Carillos)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the January 23, 2019 Decision 2 and the May 24, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 155950 for failure of petitioner Wilfredo H. Castro (petitioner) to sufficiently show that the CA committed any reversible error in declaring that he is not entitled to total and permanent disability benefits.
As correctly ruled by the CA, the failure to comply with the conflict-resolution procedure under the 2010 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC), 4 renders the company-designated physician's (CDP) assessment final and binding on petitioner. 5 It is settled that while a seafarer has the right to seek a second opinion on his medical condition, which was in fact belatedly secured in this case, the final determination of whose decision must prevail must be done in accordance with the POEA-SEC, 6 failing in which, the CDP's assessment stands pursuant to the POEA-SEC. 7 Moreover, as correctly observed by the CA, in contrast to the CDP's final assessment, which was based on extensive medical treatment and monitoring of petitioner's condition by a team of specialists, the assessment of petitioner's chosen physician was based merely on one consultation of his medical history and was secured by the latter only after he had already filed the complaint with the labor arbiter. 8 As such, at the time of its filing, petitioner's claim for total and permanent disability benefits had no contrary evidence to stand on. Nonetheless, the award of financial assistance in view of petitioner's faithful service to respondents Philippine Transmarine Carrier, Inc., Royal Caribbean Cruises, Ltd., and/or Alain G. Carillos and for humanitarian consideration in the amount of P100,000.00 must be sustained.
Furthermore, the Prayer to File/Litigate as an Indigent Litigant is GRANTED.
The National Labor Relations Commission is DELETED as party respondent in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 9-39.
2.Id. at 44-61. Penned by Associate Justice Ma. Luisa C. Quijano-Padilla with Associate Justices Elihu A. Ybañez and Gabriel T. Robeniol, concurring.
3.Id. at 42-43.
4. POEA Memorandum Circular No. 10, Series of 2010, entitled "AMENDED STANDARD TERMS AND CONDITIONS GOVERNING THE OVERSEAS EMPLOYMENT OF FILIPINO SEAFARERS ON-BOARD OCEAN-GOING SHIPS," dated October 26, 2010.
5. See rollo, pp. 58-59.
6.Vergara v. Hammonia Maritime Services, Inc., 588 Phil. 895, 914 (2008). See also Magsaysay Maritime Corporation v. Panogalinog, 764 Phil. 212, 229 (2015); and Splash Philippines, Inc. v. Ruizo, 730 Phil. 162, 174 (2014).
7.Philippine Hammonia Ship Agency, Inc. v. Dumagdag, 712 Phil. 507, 521 (2013).
8. See rollo, pp. 56-58.