SECOND DIVISION
G.R. No. 230473, April 23, 2018
SEACREST MARITIME MANAGEMENT, INC. AND/OR HERNING SHIPPING ASIA PTE. LTD., Petitioners, v. ALMA Q. RODEROS, AS WIDOW AND LEGAL HEIR OF FRANCISCO RODEROS, Respondent.
D E C I S I O N
REYES, JR., J.:
Did the respondent establish by substantial evidence the reasonable causation, or aggravation, of the exigencies of his work aboard the vessel "MT ANNELISE THERESA" to his diagnosed illness? This is the nexus around which the following decision revolves.
Mr. Francisco Roderos has been diagnosed with Cancer of the Large Bowel (Colon).On the basis of the foregoing report, Roderos's chemotherapy treatments were discontinued.11
x x x x
2. The risk factors for the development of colon cancer are: a) age SO years of (sic) older; b) family history of cancer of the colon; c) personal history of cancer of the colon, rectum, ovary, endometrium or breast; d) history of ulcerative colitis (ulcers in the lining of the large intestine) or Crohns disease; and e) hereditary conditions such as familial adenomatous polyposis and non-hereditary non-polyposis colon cancer (Lynch Syndrome).
The Chromosome 5 with the gene APC is involved and transmitted 50% of the time to the offspring. p53 gene is mutated 70% and when the mutation is ineffective, cells with damaged DNA escape repair or destruction, allowing the damaged cell to perpetrate itself. Continued replication of the damaged DNA may lead to tumor development.
Development of polyps of the colon commonly precedes the development of colon cancer.
As the ailment is not listed in the POEA list of occupational diseases and they are not associated to trauma with genetic predisposition taken into consideration, Colon Cancer is deemed not work related.10 (Emphasis supplied)
WHEREFORE, premises considered, decision is hereby rendered ordering the dismissal of the instant case for lack of merit.
SO ORDERED.13
WHEREFORE, premises considered, the instant appeal is hereby DISMISSED for lack of merit.The NLRC decision was followed by the Resolution dated February 28, 2014, which denied the motion for reconsideration filed by the respondent.15
SO ORDERED.14
WHEREFORE, the Petition is GRANTED. The Decision dated April 30, 2013 and Resolution dated February 28, 2014 of the National Labor Relations (sic) are REVERSED and SET ASIDE. The private respondents, Seacrest Maritime Management, Inc. and Heming Shipping Asia Pte., Ltd., are hereby held jointly and severally liable to petitioner, ALMA Q. RODEROS, as widow and legal heir of FRANCISCO M. RODEROS, for the amounts of (a) US$60,000.00 as total and permanent disability allowance, and (b) US$6,000.00 as attorney's fees, at the prevailing rate of exchange at the time of payment. An interest of six percent (6%) per annum is likewise imposed upon the total monetary award reckoned from August 6, 2012, the date of death of Francisco Roderos, until full satisfaction thereof.Herein petitioners' motion for reconsideration was subsequently denied by the CA finding "no new matter of substance which would warrant the modification much less the reversal of the assailed Decision."21
SO ORDERED.20 (Emphasis omitted)
The Court's power of review is hereby being invoked to answer the following issues: (1) whether or not Roderos's illness was work-related, and consequently, whether or not he was entitled to disability and death benefits; and (2) whether or not the CA's imposition of attorney's fees and interest were proper in this case.A.
THE HONORABLE COURT OF APPEALS COMMITTED A PATENT AND GRAVE ERROR WHEN IT RENDERED A DECISION THAT IS PLAINLY CONTRARY TO THE EVIDENCE ON RECORD. ITS CONCLUSION THAT SEAFARER RODEROS'S AILMENT IS WORK RELATED IS NOT ONLY ABSOLUTELY BASELESS, THE SAME IS LIKEWISE NEGATED BY THE UNDISPUTED EVIDENCE ON RECORD CONFIRMING THAT THE ILLNESS IS, IN FACT, NOT WORK-RELATED. THUS, UNDER THE GOVERNING POEA CONTRACT, THE GRANT OF TOTAL AND PERMANENT DISABILITY BENEFITS WAS IN CLEAR DISREGARD OF THE EVIDENCE ON RECORD AND PLAIN ERROR OF LAW WHICH IS UNTENABLE.B.
THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS ERROR OF LAW IN CONVENIENTLY AWARDING ATTORNEY'S FEES DESPITE ABSENCE OF ANY FINDING OR DISCUSSION SHOWING BAD FAITH OR MALICE ON THE PART OF PETITIONERS.C.
THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS ERROR OF LAW IN GRANTING INTEREST OF 6% PER ANNUM COMPUTED FROM THE TIME OF DEATH. IT MUST BE EMPHASIZED THAT THERE IS NO DELAY IN PAYMENT OF A VALID CLAIM HERE. THE NON-PAYMENT OF RESPONDENT'S CLAIMS IS PREMISED ON LEGAL GROUNDS. THE ILLNESS IS NOT WORK-RELATED AND AS SUCH, IS NOT COMPENSABLE UNDER THE GOVERNING POEA CONTRACT.22
(1) [W]hen the findings are grounded entirely on speculations, surmises or conjectures;Whether or not there is a causal relation between Roderos's illness and his work as a Chief Cook on board the vessel "MT ANNELISE THERESA" is essentially a factual issue that the Court would generally not disturb. Nonetheless, in light of the apparent conflict between the findings of facts of the NLRC and the CA, and on the strength of the relaxation of the rules quoted above, the Court can and will delve into the present controversy.
(2) when the inference made is manifestly mistaken, absurd or impossible;
(3) when there is grave abuse of discretion;
(4) when the judgment is based on a misapprehension of facts; (5) when the findings of fact are conflicting;
(6) when in making its findings, the Court of Appeals went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee;
(7) when the findings are contrary to that of the trial court;
(8) when the findings are conclusions without citation of specific evidence on which they are based;
(9) when the facts set forth in the petition, as well as in the petitioner's main and reply briefs, are not disputed by the respondent;
(10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; or
(11) when the Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, would justify a different conclusion.27
Colon cancer, also known as colorectal cancer or large bowel cancer, includes cancerous growths in the colon, rectum and appendix.To emphasize, the Court identified in Leonis Navigation Co., Inc. that the following factors increase the risk of colorectal cancer: high fat intake, a family history of colorectal cancer and polyps, the presence of polyps in the large intestine, and ulcerative colitis. While, surely, the petitioners herein could not be faulted for Roderos's family history of colorectal cancer or polyps, nothing prohibits the respondent from proving the causal connection between the other factors and Roderos's work. In fact, the respondent bears this burden specifically, and that the failure of which would result to the resolution of the case against her favor.
x x x x
Tumors of the colon and rectum are growths arising from the inner wall of the large intestine. Benign tumors of the large intestine are called polyps. Malignant tumors of the large intestine are called cancers. Benign polyps can be easily removed during colonoscopy and are not life threatening. If benign polyps are not removed from the large intestine, they can become malignant (cancerous) over time. Most of the cancers of the large intestine are believed to have developed as polyps. Colorectal cancer can invade and damage adjacent tissues and organs. Cancer cells can also break away and spread to other parts of the body (such as liver and lung) where new tumors form. The spread of colon cancer to distant organs is called metastasis of the colon cancer. Once metastasis has occurred in colorectal cancer, a complete cure of the cancer is unlikely.
x x x x
Factors that increase a person's risk of colorectal cancer include high fat intake, a family history of colorectal cancer and polyps, the presence of polyps in the large intestine, and chronic ulcerative colitis.
Diets high in fat are believed to predispose humans to colorectal cancer. In countries with high colorectal cancer rates, the fat intake by the population is much higher than in countries with low cancer rates. It is believed that the breakdown products of fat metabolism lead to the formation of cancer-causing chemicals (carcinogens). Diets high in vegetables and high-fiber foods may rid the bowel of these carcinogens and help reduce the risk of cancer.
A person's genetic background is an important factor in colon cancer risk. x x x Approximately 20% of cancers are associated with a family history of colon cancer. And 5% of colon cancers are due to hereditary colon cancer syndromes. Hereditary colon cancer syndromes are disorders where affected family members have inherited cancercausing genetic defects from one or both of the parents. (Emphasis supplied, citations omitted)
As aptly ruled by the CA, petitioner did not present any proof of a causal connection or at least a work relation between the employment of Talosig and his colon cancer. Petitioner merely relied on presumption of causality. She failed either to establish or even to mention the risks that could have caused or, at the very least, contributed to the disease contracted by Talosig.39In the present case, the respondent's Position Paper asserted that Roderos's food intake and his exposure to dangerous chemicals aboard "MT ANNELISE THERESA" caused his diagnosed illness, viz:
The Complainant's (Roderos's) meals consisted of processed meats and high fat and low-fiber foods. The Complainant is also of advance (sic) age at 48 years old, an age more likely to develop colon cancer. What is more, the Complainant was constantly exposed to chemicals and substances known to be carcinogenic. It needs to be stressed that Complainant served respondents under three (3) contracts and was exposed to the following at any one time: Coal Tar, Tall Oil, Fuel, Asphalt, Gasoline, Diesel and Crude Oil.In the petition for certiorari submitted to the CA, the respondent reiterated these assertions, to wit:
x x x x
Although complainant's (Roderos's) illness, colon cancer, is not listed under Article 32-A of the POEA contract as occupational diseases (sic), this does not preclude the possibility that complainant's illnesses (sic) were caused by exposure to asphalt and crude oil which both contain the toxic substance, benzene. This is especially so if we consider the fact that, as shown in the immediately preceding paragraph, the POEA contract recognizes the harmful characteristics of asphalt and benzene and the potential risks that are associated with exposure to these substances.40 (Emphasis supplied)
Needless to state that even the diet that he is into is also a much contributing factor because their provisions are usually meat and fatty foods which is beyond their control as this is with the imprimatur of the owner of the vessels as well as by the conditions they are into considering that meat last longer than that of foods (sic) which are rich in fiber during the long voyage with different weather conditions.It must be emphasized, however, that with regard to Roderos's dietary intake while on board the vessel, no evidence other than these self-serving allegations were presented. There was absolutely no proof of what Roderos supposedly ate during his work that would have aggravated his illness. In fact, as the Chief Cook of the vessel, it would have been within Roderos's control to submit before the Labor Tribunals what meals he may have prepared during the course of his employment. It is quite unfortunate that he failed to do so.
x x x x
Roderos' meals routine (sic) usually consisted of processed meats. high fat and low fiber foods. Roderos at the age 48 he is more likely to develop or acquire colon cancer. It is also interesting to emphasize that Roderos was constantly and continuously exposed to harmful and hazardous chemicals and substances known to be carcinogenic. It is undeniable that Roderos served respondents under three (3) contracts and was certainly exposed to Coal, Tar, Tall Oil, Fuel, Asphalt, Gasoline, Diesel and Crude Oil.41
This referral to a third doctor has been held by this Court to be a mandatory procedure as a consequence of the provision that it is the company-designated doctor whose assessment should prevail. In other words, the company can insist on its disability rating even against a contrary opinion by another doctor, unless the seafarer expresses his disagreement by asking for the referral to a third doctor who shall make his or her determination and whose decision is final and binding on the parties. We have followed this rule in a string of cases. x x x54 (Emphasis supplied)In the case at hand, contrary to the mandatory proceedings identified by the Court, Roderos did not demand for his re-examination by a third doctor, and instead opted to initiate the instant case. This, as the Court already ruled, is a fatal defect that militates against his claims. To reiterate, the referral to a third doctor is now a mandatory procedure, and that the failure to abide thereby is a breach of the POEA-SEC, and has the effect of consolidating the finding of the company-designated physician as final and binding.
Endnotes:
* Acting Chief Justice per Special Order No. 2539, dated February 28, 2018.
** Designated additional member per Raffle dated April 23, 2018.
1 Penned by Court of Appeals Associate Justice Francisco P. Acosta, and concurred in by Court of Appeals, now Supreme Court, Associate Justice Noel G. Tijam and Court of Appeals Associate Justice Eduardo B. Peralta, Jr.; rollo, pp. 13-25.
2 Rendered by Presiding Commissioner Leonardo L. Leonida, with Commissioner Mercedes R. Posada-Lacap concurring; id. at 396-401.
3 Rendered by Presiding Commissioner Grace E. Maniquiz-Tan with Commissioners Dolores M. Peralta-Beley and Mercedes R. Posada-Lacap concurring; id. at 427-431.
4 Penned by Associate Justice Francisco P. Acosta with Associate Justice Noel G. Tijam (now a member of this Court) and Eduardo B. Peralta, Jr. concurring: id. at 27-28.
5 Id. at 223.
6 Id.
7 Id. at 14.
8 Id. at 181.
9 Id.
10 Id.
11 Id. at 208-209.
12 Philippine Overseas Employment Administration Amended Standards Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On Board Ocean-Going Ships, POEA Memorandum Circular No. 10, Series of 2010, October 26, 2010.
13 Id. at 290.
14 Id. at 401.
15 Id. at 427-431.
16 Id. at 88.
17 Id. at 89.
18 Collective Bargaining Agreement (Ratings) between Associated Marine Officers' and Seamen's Union of the Philippines (AMOSUP-PTGWO-ITF) and Danish Shipowners' Association (DSA); id. at 225-241.
19 Id. at 84.
20 Id. at 24.
21 Id. at 27.
22 Id. at 45-46.
23Manotok Realty. Inc. v. CLT Realty Development Corp., 512 Phil. 679, 706 (2005), as cited in Van Clifford Torres y Salera v. People of the Philippines, G.R. No. 206627, January 18, 2017.
24Fuentes v. Court of Appeals, 335 Phil. 1163, 1168 (1997); Bautista v. Puyat, 416 Phil. 305, 308 (2001), as cited in Van Clifford Torres y Salera v. People of the Philippines, G.R. No. 206627, January 18, 2017.
25Lamberto M. De Leon v. Maunlad Trans, Inc., Seachest Associates et al., G.R. No. 215293, February 8, 2017.
26 Id.
27 Id.
28 G.R. No. 218871, January 11, 2017.
29 Id.
30See Nonay v. Bahia Shipping Services, Inc., G.R. No. 206758, February 17, 2016, 784 SCRA 292, 312; Austria v. Crystal Shipping, Inc., G.R. No. 206256, February 24, 2016, 785 SCRA 89, 98.
31 Supra note 12, Par. 4, Sec. 20(A).
32 Supra note 25.
33 Id.
34See Balba v. Tiwala Human Resources, Inc., G.R. No. 184933, April 13, 2016, 789 SCRA 322, 331; Austria v. Crystal Shipping, Inc., G.R. No. 206256, February 24, 2016, 785 SCRA 89, 98; Leonis Navigation Co., Inc. v. Villamater, 628 Phil. 81, 96 (2010).
35 628 Phil. 96 (2010).
36 Id.
37 Id. at 97.
38 739 Phil. 774 (2014).
39 Id. at 783.
40Rollo, pp. 213-215, 302-305.
41 Id. at 437-439.
42 Id. at 184-204.
43 Id. at 214.
44 Id.
45 Id.
46 Id.
47 Id. at 215.
48Miro v. Mendoza, 721 Phil. 772, 787 (2013).
49Coastal Safeway Marine Services, Inc. v. Esguerra, 671 Phil. 56, 65 (2011); German Marine Agencies, Inc. v. National Labor Relations Commission, 403 Phil. 572, 588 (2001).
50Andrada v. Agemar Manning Agency, Inc., 698 Phil. 170, 182 (2012).
51Seagull Maritime Corp. v. Dee, 548 Phil. 660, 669 (2007).
52 737 SCRA 438, (2014).
53 712 Phil. 507, 520 (2013).
54 Supra note 52, at 450-451.