Paulino Ungos III

Lawyer | Law Professor | Author

Tag: 2019-01

  • Starting the Third Doctor Referral Process

    Section 20 (A) (3) of the Amended Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On-Board Ocean-Going Ships,1Philippine Overseas Employment Administration Memorandum Circular No. 10, Series of 2010 provides that [i]f a doctor appointed by the seafarer disagrees with the assessment, a third doctor may be agreed jointly between the Employer and the seafarer. The third doctor’s decision shall be final and binding on both parties.

    Who should initiate the third doctor referral process?

    In Placio v. Bahia Shipping Service, Inc.,2G.R. No. 241926, January 7, 2019 the Supreme Court ruled that the seafarer should initiate such process. The Court said:

    Petitioner “was bound to initiate the process of referring the findings to a third-party physician by informing his employer of the same, which is mandatory considering that the POEA-SEC is part and parcel of the employment contract between seafarers and their employers.”3Magsaysay Mitsui Osk Marine, Inc. v. Buenaventura, G.R. No. 195878, January 10, 2018. Due to petitioner’s failure to abide by the procedure, the Court of Appeals gave more weight to the findings of the company-designated physician and correctly dismissed the complaint.

    Further Reading:

    • Placio v. Bahia Shipping Service, Inc., G.R. No. 241926, January 7, 2019.

  • Presenting Unsubstantiated Documents to Prove Unpaid Commissions

    The employee claimed entitlement to Php802,372.28 in unpaid commissions. In support of this claim, she attached certain self-prepared, albeit “meticulously detailed,” documents to her pleading. Should this claim be granted?

    In Siroy v. Rudolf Lietz, Inc.,1G.R. No. 204013 (Notice), January 7, 2019 the Supreme Court denied the claim. According to the Court:

    Siroy’s computation of unpaid commissions appears to be self-serving as the supporting documents she attached were all prepared by her. Inasmuch as her computation can easily be concocted or fabricated to suit her personal interest and purpose, Siroy’s bare claim that she is entitled to unpaid commissions by simply presenting unsubstantiated documents will not win her judicial approval.

    Further Reading:

    • Siroy v. Rudolf Lietz, Inc., G.R. No. 204013, January 7, 2019.