G.R. No. 246929 . March 02, 2022
NELSON M. CELESTINO, PETITIONER, VS. BELCHEM PHILIPPINES, INC., BELCHEM SINGAPORE PTE., AND/OR JASMIN D. SALVADOR, RESPONDENTS.

FACTS

Petitioner Nelson M. Celestino was hired as a third officer by respondent Belchem Singapore Pte. Ltd. through its local agent, Belchem Philippines, Inc., on June 22, 2012, for a period of nine months. He underwent a pre-employment medical examination (PEME) where he answered “no” to queries about having conditions like heart trouble or diabetes mellitus, and was declared “fit to work.” He was deployed on July 1, 2012. On December 8, 2012, while on board, he experienced severe body discomfort with high fever, chills, and convulsions. He was admitted in Ghana on December 11, 2012, diagnosed as a “Diabetic de Novo,” and repatriated on December 14, 2012. Upon arrival, he reported to the company and was referred to the company-designated physician at Metropolitan Medical Center. He was diagnosed with “Diabetes Mellitus” and later found to have “Ureterolithiasis.” He underwent treatment and monitoring by company-designated physicians until August 31, 2013. On July 1, 2013, petitioner filed a complaint for total and permanent disability benefits, damages, and attorney’s fees. On September 2, 2013, he consulted his own physician, Dr. May S. Donato-Tan, who issued a medical certificate diagnosing him with permanent disability, stating he would not be able to perform his job effectively due to his conditions. The Labor Arbiter ruled in favor of petitioner, granting total and permanent disability benefits. The National Labor Relations Commission (NLRC) reversed the decision, ruling that the complaint was prematurely filed, that diabetes mellitus is not work-related, and that petitioner failed to substantiate his claim. The Court of Appeals affirmed the NLRC’s decision, holding that petitioner was still under temporary disability when he filed his complaint, as the 240-day period had not lapsed, and that his illnesses were not listed as occupational diseases under the POEA-SEC.

ISSUE

Whether petitioner Nelson M. Celestino is entitled to total and permanent disability benefits.

RULING

Yes. The Supreme Court granted the petition and reversed the decisions of the Court of Appeals and the NLRC. The Court ruled that petitioner’s illnesses, Diabetes Mellitus Type II and Ureterolithiasis, are compensable as they are work-related. The disputable presumption under the POEA-SEC that these illnesses are work-related was not overcome by the respondents. The Court found that the conditions of petitioner’s employment, including his duties, stress, fatigue, and diet, contributed to the development and aggravation of his illnesses. Furthermore, the company-designated physician failed to issue a final assessment of petitioner’s fitness to work or disability within the 120-day period, extendable to 240 days only if justified. Since no such final assessment was provided even after 240 days from repatriation, petitioner’s disability is deemed total and permanent. The Court ordered respondents to solidarily pay petitioner the peso equivalent of US$90,882.00 as total and permanent disability benefits, plus ten percent (10%) attorney’s fees, with six percent (6%) legal interest per annum from the finality of the decision until full payment.