On 30 October 2013, the seafarer entered into a 7-month employment contract with Anglo-Eastern (ANTWERP), NV, through its agent, Anglo-Eastern Crew Management Philippines (Anglo-Eastern Crew), Inc., to work as a Messman aboard the M/V Mineral Water. On 23 February 2014, the seafarer boarded the vessel.
The seafarer claimed that sometime in June 2014, he was sexually harassed by the chief officer of the vessel during the course of his employment. He also claimed that the chief officer also threatened to kill him upon learning that he filed a complaint against the latter before the ship captain. After the incident, the seafarer opted for voluntary repatriation and was able to return to the Philippines on 12 July 2014.
On 24 November 2014 the seafarer consulted his personal doctor, a clinical psychologist, who diagnosed him with Post Traumatic Stress Disorder (PTSD). The diagnosis of this doctor was verified by another doctor, who concluded that the seafarer cannot return to his job as a seafarer.
Due to his illness, the seafarer requested for compensation from Anglo-Eastern Crew. However, his request remained unheeded.
On 2 March 2015, the seafarer filed a complaint for constructive dismissal, sexual harassment and maltreatment. In addition, he prayed for the payment of disability benefits, damages and attorney’s fees since he claims to have been rendered permanently and totally disabled due to his post-traumatic stress disorder from his unfortunate experience onboard the vessel.
The Office of the Labor Arbiter awarded the salaries of the seafarer for the unexpired portion of his employment contract because of the finding that the seafarer was forced to repatriate himself due to the hostile environment brought about by the filing of the complaint. The Office of the Labor Arbiter also awarded him moral damages for the mental torture that he endured and exemplary damages to dissuade such incident from further occurring. It also granted the claim for attorney’s fees since the seafarer was constrained to avail the services of a lawyer.
When the case reached the Supreme Court, the seafarer insisted on his entitlement to disability benefits. However, the Court denied his claim for said benefits. The Court ruled:
To support his claim for disability benefits, petitioner presented a psychiatric report and a medical certificate. These documents only prove that he was diagnosed with PTSD, prescribed to take medication, and recommended for psychotherapy sessions. However, there was no disability grading.
The medical certificate states that “[a]t this point in time he cannot return to his work as a seafarer.” This statement is not sufficient for this court to conclude that petitioner is permanently and totally disabled to work as a seafarer. It does not instruct us how petitioner’s PTSD is work-related or work-aggravated. It also does not tell us whether petitioner underwent psychotherapy sessions, as recommended by his physicians. Assuming that petitioner underwent psychotherapy sessions and took his prescribed medication, no evidence was presented showing how he responded to treatment.
It is established that petitioner suffered some form of injury, but the pieces of evidence he submitted are not sufficient to convince this Court that he has been rendered permanently and totally disabled. Thus, this Court is precluded from awarding disability benefits, not because of his non-compliance with the 3-day reportorial requirement, but because there is barely any evidence to support the claim for disability benefits.
Further reading:
- Toliongco v. Court of Appeals, G.R. No. 231748, July 8, 2020.
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