SECOND DIVISION
[G.R. No. 241365. June 3, 2019.]
JOSEPH JAY M. TELOS, petitioner, vs.TRANS-GLOBAL MARITIME AGENCY, INC., ALL ITS CORPORATE OFFICERS AND DIRECTORS, MICHAEL ESTANIEL, AND VENTHOR NAVIGATION, INC./DALLON MARITIME, INC., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 June 2019which reads as follows:
"G.R. No. 241365 (Joseph Jay M. Telos v. Trans-Global Maritime Agency, Inc., all its Corporate Officers and Directors, Michael Estaniel, and Venthor Navigation, Inc./Dallon Maritime, Inc.)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the February 13, 2018 Decision 2 and the June 19, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 141536-UDK for failure of petitioner Joseph Jay M. Telos (petitioner) to sufficiently show that the CA committed any reversible error in upholding the dismissal of his complaint 4 for total and permanent disability benefits against respondents Trans-Global Maritime Agency, Inc., all its Corporate Officers and Directors, Michael Estaniel, and Venthor Navigation, Inc./Dallon Maritime, Inc.
As correctly ruled by the CA, petitioner is not entitled to total and permanent disability benefits, considering that: (a) the company-designated physician issued a fit-to-work certifications 5 after months of treating petitioner's condition; 6(b) the independent physician's medical certificate 7 was nothing more than a synthesis of petitioner's medical history and was made only after a single consultation; 8 and (c) petitioner failed to comply with the third doctor requirement 9 under the 2010 Philippine Overseas Employment Administration-Standard Employment Contract 10 in light of the seeming contrasting findings of the company-designated and independent physicians. 11 Under these circumstances, the CA was correct in finding that the assessment of the company-designated physician is more credible for having been arrived at after months of medical attendance and diagnosis, compared to the assessment of the independent physician which was done in one day on the basis of an examination of existing medical records. 12
SO ORDERED. (CAGUIOA, J., on official leave.)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Titled "Petition for Review with motion to Allow Petitioner to Litigate as an Indigent or a Pauper-Litigant"; rollo, pp. 12-32.
2.Id. at 62-65 and 68-70. Penned by Associate Justice Victoria Isabel A. Paredes with Associate Justices Mario V. Lopez and Ronaldo B. Martin, concurring.
3.Id. at 72-73.
4. CA rollo, p. 26. See also petitioner's Position Paper dated August 5, 2014; id. at 27-39.
5.Id. at 42.
6. See rollo, p. 68.
7. CA rollo, pp. 52-53.
8. See rollo, p. 69.
9. See id.
10. 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.
11. See Hernandez v. Magsaysay Maritime Corporation, G.R. No. 226103, January 24, 2018.
12.Jebsens Maritime, Inc. v. Rapiz, 803 Phil. 266, 275-276 (2017), citing Formerly INC Shipmanagement, Incorporated (now INC Navigation Co. Philippines, Inc.) v. Rosales, 744 Phil. 774, 789 (2014).