G.R. No. 184722, March 15, 2010
ALEX C. COOTAUCO, Petitioner, vs. MMS PHIL. MARITIME SERVICES, INC., MS. MARY C. MAQUILAN AND/OR MMS CO. LTD., Respondents.

FACTS

Petitioner Alex C. Cootauco was hired by respondents as an Able Seaman on March 14, 2003, after passing a Pre-Employment Medical Examination (PEME). He boarded the M/V Pax Phoenix on August 4, 2003. He disembarked on May 19, 2004, upon the expiration of his contract. The day after repatriation, he experienced fever and irregular urination and consulted a private doctor. He reported his condition to the respondents’ office on May 21, 2004, but his request for medical assistance was unheeded. In September 2004, he went to the Seamen’s Hospital, where tests revealed a urinary bladder stone. He underwent surgeries in November and December 2004. In January 2005, the Seamen’s Hospital issued a medical certificate with a diagnosis of Periureteritis (left) Distal Ureter and tuberculosis. Later, an independent doctor, Dr. Rodrigo F. Guanlao, diagnosed him with Hypertension stage 2, TB of the left Uretus, Cystolithiasis, and Carpal Tunnel Syndrome, declaring him with a Grade 1 permanent disability unfit for sea duty. On September 9, 2005, petitioner filed a complaint before the Labor Arbiter for disability benefits and other claims. The Labor Arbiter granted his claim for US$60,000 disability benefits. The NLRC reversed the Labor Arbiter’s decision, dismissing the complaint because petitioner failed to submit to a post-employment medical examination by a company-designated physician within three working days from repatriation as required by the POEA-SEC, and the medical certificate from his private doctor was issued 15 months after repatriation. The Court of Appeals affirmed the NLRC’s decision.

ISSUE

Whether or not the petitioner is entitled to disability benefits despite his failure to comply with the mandatory requirement of undergoing a post-employment medical examination by a company-designated physician within three working days from repatriation.

RULING

No. The Supreme Court denied the petition and affirmed the decisions of the NLRC and the Court of Appeals. The Court held that the petitioner failed to comply with the mandatory requirement under Section 20(B), paragraph 3 of the 2000 POEA-SEC, which requires a seafarer to submit to a post-employment medical examination by a company-designated physician within three working days upon his return. Failure to comply results in the forfeiture of the right to claim compensation and benefits. The Court found no merit in the petitioner’s claim that the respondents refused to refer him to their physician, as it was the petitioner’s burden to report and submit to the examination. The medical certificate from his private doctor, Dr. Guanlao, issued 15 months after repatriation, could not substitute for the certification from a company-designated physician. The Court emphasized that while strict rules of evidence do not apply, the mandatory provisions of the POEA-SEC cannot be disregarded.