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11208392
December 8, 2014
DOCULMG K31
Are We There Yet?
Crystal Shipping, Inc., and/or A/S Stein Line Bergen vs. Deo P. Natividad G.R. No. 154798, October
20,2005
2 Crystal Shipping, Inc., and/or A/S Stein Line Bergen vs. Deo P. Natividad G.R. No. 154798, October
20,2005
3 Crystal Shipping, Inc., and/or A/S Stein Line Bergen vs. Deo P. Natividad G.R. No. 154798, October
20,2005
4 United Philippine Lines, Inc. and/or Holland America Line, Inc. vs. Francisco Beseril (G.R. No.
165934, April 12, 2006)
5 Bernardo Remigio vs. NLRC, C.F. Sharp Crew Management, Inc. & New Commodore Cruise
Line, Inc. (G.R. No. 159887, April 12, 2006)
6 Micronesia Resources, Dynacom Shield Shipping Ltd. and Singa Ship Management, A.S. vs.
Fabiolo Cantomayor (G.R. No. 156573, June 19, 2007
Capt Mario R. Braza, and Capt. Macario Terencio 7 ; and lastly, Philimare,
Inc./Marlow Navigation Co., Ltd., Bonifacio Gomez and Alberto Gomez vs.
Benedicto Suganob8, the concept of unable to work for 120 days caused by a
disability will result to permanent and total disability was used.
The common denominator in the aforementioned cases is that the type of
disability that caused the inability of the seafarer to work is not relevant and the
only important factor is that the said seafarer is unable to work for 120 days
caused by the disability. Also, as what happened in the case United Philippine
Lines, Inc. and/or Holland America Line, Inc. vs. Francisco Beseril9, being
declared as fit to work after the 120 days will be useless for it will not be
recognized and the seafarer will still be entitled to the benefits. Moreover, in the
case of Bernardo Remigio vs. NLRC, C.F. Sharp Crew Management, Inc. &
New Commodore Cruise Line, Inc.10, it was determined that his ailment is not
part of the schedule of disability list, therefore he should not be entitled to said
benefits. Nevertheless, the Supreme Court still granted him the permanent
disability benefits which is explained by citing Bejerano V. ECC :
"Disability should not be understood more on its medical
significance but on the loss of earning capacity. Permanent
total disability means disablement of an employee to earn
wages in the same kind of work, or work of similar nature that
[he] was trained for or accustomed to perform, or any kind of
work, which a person of [his] mentality and attainment could
do. It does not mean absolute helplessness."11
After being accustomed to the 120-day rule, the court suddenly
releases a ruling that indicates another rule as portrayed in the case,
Jesus Vergara vs. Hammonia Maritime Services, Inc. and Atlantic
Marine Ltd.
); Mars C. Palisoc vs. Easways Marine, Inc., Capt Mario R. Braza, and Capt. Macario Terencio
(G.R. No. 152273, September 11, 2007)
8 Philimare, Inc./Marlow Navigation Co., Ltd., Bonifacio Gomez and Alberto Gomez vs. Benedicto
Suganob (G.R. No. 168753, July 9, 2008);
9 United Philippine Lines, Inc. and/or Holland America Line, Inc. vs. Francisco Beseril (G.R. No.
165934, April 12, 2006)
10 Bernardo Remigio vs. NLRC, C.F. Sharp Crew Management, Inc. & New Commodore Cruise
Line, Inc. (G.R. No. 159887, April 12, 2006)
11 Bernardo Remigio vs. NLRC, C.F. Sharp Crew Management, Inc. & New Commodore Cruise
Line, Inc. (G.R. No. 159887, April 12, 2006)