CORPORATE officers of recruitment or manning agencies may be held personally liable, together with their companies, for disability benefits owed to Filipino seafarers, the Supreme Court ruled.
In a decision written by Associate Justice Jhosep Lopez, the Court’s Special First Division granted a motion for partial reconsideration in a seafarer’s disability case.
The Court had earlier found Magsaysay Maritime Corporation and Princess Cruises Ltd. liable for the disability benefits of their seafarer, Ruthgar Parce. In its latest ruling, it added Magsaysay fleet director Sorwin Joy Rivera as a solidarily liable party.
Magsaysay hired Parce as an electrical fitter for Princess Cruises. He suffered an injury while onboard and was repatriated to Manila for treatment. The company doctor diagnosed rotator tendinitis and later declared the treatment period complete, prompting the employer to consider him fit for work.
Parce sought a second opinion that found him unfit for sea duty, and asked for a referral to a third doctor, as required when medical findings conflict. Instead, the company asked for the second report and explored a settlement, prompting Parce to file a complaint before the National Labor Relations Commission.
A Labor Arbiter awarded him $60,000 in disability benefits, ruling that the company doctor’s report failed to clearly state he was fit to work and that the 240-day period to issue a final assessment had already lapsed. The NLRC affirmed the ruling.
The Court of Appeals of the Philippines later reversed the decision, but the Supreme Court reinstated the liability of Magsaysay and Princess Cruises and ruled that Rivera must also share liability.
The Court cited Section 10 of Republic Act 8042, which provides that officers of recruitment or manning agencies are jointly liable with the company for monetary awards granted to overseas Filipino workers.