G.R. No. 231748 , July 08, 2020
RICHARD LAWRENCE DAZ TOLIONGCO, PETITIONER, VS. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, ANGLO-EASTERN CREW MANAGEMENT PHILIPPINES, INC., ANGLO-EASTERN (ANTWERP) NV, GREGORIO B. SIALSA, ALL CORPORATE OFFICERS AND DIRECTORS AND M/V MINERAL WATER, RESPONDENTS

FACTS

Petitioner Richard Lawrence Daz Toliongco was employed as a Messman by respondent Anglo-Eastern Crew Management Philippines, Inc. on behalf of its foreign principal, Anglo Eastern (ANTWERP), NV, for a seven-month contract. He was deployed aboard the M/V Mineral Water. On June 27, 2014, Toliongco alleged that the vessel’s Chief Officer, Korolenko Oleksiy, sexually harassed him by demanding sexual acts and physically assaulting him in his cabin. Toliongco reported the incident the next day, supported by written testimonies from crewmates. Fearing for his life after the Chief Officer allegedly threatened him, Toliongco requested a reliever and was voluntarily repatriated to the Philippines on July 12, 2014. He failed to report to the company-designated physician within three days of arrival. Months later, in November 2014, he consulted private doctors who diagnosed him with Post-Traumatic Stress Disorder (PTSD) and declared him unfit to work as a seafarer. On March 2, 2015, Toliongco filed a complaint for constructive dismissal, sexual harassment, and payment of disability benefits, among others. The Labor Arbiter found constructive dismissal and awarded salaries for the unexpired contract, moral and exemplary damages, and attorney’s fees but denied disability benefits due to his failure to comply with the three-day reportorial requirement. The National Labor Relations Commission affirmed the denial of disability benefits, deleted the moral and exemplary damages, and instead awarded financial assistance. The Court of Appeals denied his petition, prompting this appeal.

ISSUE

Whether petitioner Richard Lawrence Daz Toliongco is entitled to total and permanent disability benefits for his Post-Traumatic Stress Disorder arising from the sexual harassment he experienced during his employment.

RULING

No. The Supreme Court denied the petition and affirmed the Court of Appeals’ decision. The Court held that Toliongco is not entitled to disability benefits. His failure to report to the company-designated physician within three working days from his repatriation, as required under the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC), resulted in the forfeiture of his right to claim such benefits. The Court found no compelling reason to equate his alleged psychological condition with the “physical incapacity” exception to the three-day rule. Furthermore, the Court agreed that Toliongco failed to substantiate his claim that his PTSD was work-related. The medical certificates from his private doctors, while diagnosing PTSD, did not establish a causal connection between his illness and his work as a messman or that the risk of contracting it was increased by his working conditions. The certificates also did not contain a disability grading as required. The Court emphasized that for an illness to be compensable, the seafarer must prove it is work-related, and the company-designated physician must assess disability. Since Toliongco did not undergo assessment by the company-designated physician, no proper disability evaluation existed. However, the Court reinstated the Labor Arbiter’s award of moral and exemplary damages, finding that the sexual harassment constituted a clear violation of Toliongco’s rights, warranting such damages for the mental anguish and to serve as a deterrent.