SECOND DIVISION
[G.R. No. 242719. January 14, 2019.]
DIVINA D. MESTA, petitioner,vs. UNITED PHILIPPINE LINES, INC., CARNIVAL CRUISE LINES, AND/OR FERNANDINO T. LISING, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 14 January 2019 which reads as follows:
"G.R. No. 242719 (Divina D. Mesta v. United Philippine Lines, Inc., Carnival Cruise Lines, and/or Fernandino T. Lising)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the April 16, 2018 Decision 2 and the October 22, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 146814 for failure of petitioner Divina D. Mesta (petitioner) to sufficiently show that the CA committed any reversible error in finding that she is not entitled to total and permanent disability benefits pursuant to the 2010 Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC). 4
As correctly ruled by the CA, petitioner failed to establish compliance with the mandatory post-employment medical examination. 5 Jurisprudence provides that one who alleges a critical fact has the burden to prove his allegation with substantial evidence, 6 which petitioner failed to do. Aside from her bare allegation, records are bereft of any evidence to show that petitioner indeed went to respondent United Philippine Lines, Inc.'s office to request for medical attention which was allegedly rebuffed. 7
Nevertheless, even assuming that petitioner did comply with the requisite post-employment medical examination, the CA was also correct in finding that the causal connection between her illness and the work she performed onboard the ship was not established. 8 Petitioner merely presented documentary evidence to show her condition before and after the termination of her contract but failed to establish how the nature of her work increased the risk of contracting her illness. 9 Thus, petitioner is not entitled to claim disability benefits under the POEA-SEC.
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 36-83.
2.Id. at 8-24. Penned by Associate Justice Pedro B. Corales with Associate Justices Rosmari D. Carandang (now a member of this Court) and Elihu A. Ybañez, concurring.
3Id. at 26-27.
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, p. 19. See also Section 20 (A) (3) of the 2010 POEA-SEC, which provides:
Section 20. COMPENSATION AND BENEFITS
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 x
For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. In the course of the treatment, the seafarer shall also report regularly to the company-designated physician specifically on the dates as prescribed by the company-designated physician and agreed to by the seafarer. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits.
6. See Cootauco v. MMS Phil. Maritime Services, Inc., 629 Phil. 506, 519 (2010).
7. While there are some established exceptions to Section 20 (A) (3) of the 2010 POEA-SEC, such as when the seafarer is physically incapacitated to do so or when such failure was due to the employer's fault, the present case does not fall under these exceptions. See De Andres v. Diamond H Marine Services & Shipping Agency, Inc., G.R. No. 217345, July 12, 2017, 831 SCRA, 129, 145-146.
8. See rollo, p. 20.
9. See id. at 21-22.