Case Digest: Zonio v. 88 Aces Maritime Services, G.R. No. 239052, October 16, 2019

  Labor Law | Art. 129

Facts:

  • Apolinario Z. Zonio, Jr. was hired as an "ordinary seaman" by 88 Aces Maritime Services, Inc to work on the vessel MV Algosaibi 42 with a six-month contract.
  • After completing the initial contract with 88 Aces, Apolinario entered into a new contract with Khalifa Algosaibi Diving & Marine Services Co., which lasted until April 2012.
  • In 2015, Apolinario filed a complaint against 88 Aces, Janet Jocson (the president of 88 Aces), and Khalifa Algosaibi, seeking disability benefits, attorney's fees, medical fees, sickness allowance, and damages.
  • Apolinario claimed that he developed diabetes mellitus during his employment and attributed it to work-related stress, alleging that his illness was permanent and total, preventing him from resuming his sea duties for over 240 days.
  • Labor Arbiter: Ruled in favor of Apolinario, finding that his cause of action had not prescribed and that there was a nexus between his work and his illness.
    • Since Apolinario's arrival at the point of hire was April 11, 2012, he had until April 11, 2015 within which to institute his action. 
    • Thus, he was able to institute his claim against respondents within the reglementary period when he filed his Request for Single Entry Approach (SENA) at the NLRC in March 2015.
  • NLRC: Sided with the respondents, stating that the medical certificates were issued about three years or more from Apolinario's repatriation and that Apolinario failed to prove the work-related nature of his illness.
  • CA: Affirmed the NLRC's decision, emphasizing that Apolinario had no complaint upon disembarking from the vessel and that he didn't undergo the required medical examination.
Issue:
WoN the cause of action had not prescribed yet as he instituted his action against the respondents within the three-year reglementary period. YES

Held:
Sections 2 and 18 of the Standard term and Conditions Governing the Employment of Filipino Seafarers on Board Ocean Going Vessels, provide for the duration and termination of contract between the employer and a seafarer, to wit:

Sec. 2. Commencement/Duration of Contract. -

A) The Employment contract between the employer and the seafarer shall commence upon actual departure of the seafarer from the airport or seaport in the point of hire and with a POEA approved contract. It shall be effective until the seafarer's date of arrival at the point of hire upon termination of his employment pursuant to Section 18 of this Contract.
x x x x

Sec. 18. Termination of Employment. -

A) The employment of the seafarer shall cease when the seafarer completes his period of contractual service aboard the vessel, signs off from the vessel and arrives at the point of hire.
x x x x (Emphasis supplied.)

A simple reading of the foregoing shows that a contract between an employer and a seafarer ceases upon its completion, when the seafarer signs off from the vessel and arrives at the point of hire.

In this case, while Apolinario's six-month contract may have ended as early as August 2010, he nonetheless was able to sign off from MV Algosaibi 42 and arrive at the point of hire only on April 11, 2012.

Section 30 of the 2000 POEA-SEC provides for the prescriptive period for filing claims arising from the contract:

Sec. 30. PRESCRIPTION OF ACTION.-

All claims arising from this Contract shall be made within three (3) years from the date the cause of action arises otherwise the same shall be barred.

It is well-settled that a seafarer's cause of action arises upon his disembarkation from the vessel. As Apolinario's disembarkation from Algosaibi 42 was on April 11, 2012, he had three years from the date, or until April 11, 2015, to make a claim for disability benefits. Records show that Apolinario had requested for a SENA before the NLRC as early as March 25, 2015. To elucidate, SENA is an administrative approach to provide an accessible, speedy, and inexpensive settlement of complaints arising from employer-employee relationship to prevent cases from ripening into full blown disputes. All labor and employment disputes undergo this 30-day mandatory conciliation-mediation process.

Notwithstanding, that Apolinario filed his Complaint before the Labor Arbiter only on May 8, 2015 is of no moment. SENA being a pre-requisite to the filing of a Complaint before the Labor Arbiter, the date when Apolinario should be deemed to have instituted his claim was when he instituted his Request for SENA on March 25, 2015. Considering that the expiration of Apolinario's cause of action was on April 11, 2015, his claim was filed well within the 3-year prescriptive period.

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