LEONIS NAVIGATION CO., INC. vs. VILLAMATER

LEONIS NAVIGATION CO., INC. vs. VILLAMATER

G.R. No. 179169 – March 3, 2010

FACTS:

Private respondent Catalino U. Villamater was hired as Chief Engineer for the ship M/V Nord Monaco, owned by petitioner World Marine Panama, S.A., through the services of petitioner Leonis Navigation Co., Inc., as the latter’s local manning agent. Consequent to this employment, Villamater, on June 4, 2002, executed an employment contract, incorporating the Standard Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels as prescribed by the POEA. Prior to his deployment, Villamater underwent the required Pre-Employment Medical Examination (PEME). He passed the PEME and was declared “Fit to Work.” Thereafter, Villamater was deployed on June 26, 2002.

Sometime in October 2002, Villamater suffered intestinal bleeding and was given a blood transfusion. Thereafter, he again felt weak, lost considerable weight, and suffered intermittent intestinal pain. He consulted a physician in Hamburg, Germany, who advised hospital confinement. Villamater was diagnosed with Obstructive Adenocarcinoma of the Sigmoid, with multiple liver matastases, possibly local peritoneal carcinosis and infiltration of the bladder, possibly lung metastasis, and anemia; Candida Esophagitis; and Chronic Gastritis. He was advised to undergo chemotherapy and continuous supportive treatment, such as pain-killers and blood transfusion. Villamater was later repatriated, under medical escort, as soon as he was deemed fit to travel. As soon as he arrived in the Philippines, Villamater was referred to company-designated physicians. The diagnosis and the recommended treatment abroad were confirmed. He was advised to undergo six (6) cycles of chemotherapy. However, Dr. Kelly Siy Salvador, one of the company-designated physicians, opined that Villamater’s condition “appears to be not work-related,” but suggested disability grading of 1.

In the course of his chemotherapy, when no noticeable improvement occurred, Villamater filed a complaint before the Arbitration Branch of the NLRC for payment of permanent and total disability benefits in the amount of $80,000, reimbursement of medical and hospitalization expenses in the amount of P11,393.65, moral damages in the sum of P1,000,000, exemplary damages in the amount of P1,000,000, as well as attorney’s fees. The Labor Arbiter rendered a decision dated July 28, 2003 in favor of Villamater, holding that his illness was compensable, but denying his claim for moral and exemplary damages.

Petitioners appealed to the NLRC. Villamater also filed his own appeal, questioning the award of the Labor Arbiter and claiming that the 100% degree of disability should be compensated in the amount of $80,000. On February 4, 2004, the NLRC issued its resolution dismissing the respective appeals of both parties and affirming in toto the decision of the Labor Arbiter. Petitioners filed their motion for reconsideration of the February 4, 2004 resolution, but the NLRC denied the same. Aggrieved, petitioners filed a petition for certiorari under Rule 65 of the Rules of Court before the Court of Appeals. On May 3, 2007, the appellate court rendered its assailed decision dismissing the petition. The appellate court, likewise, denied petitioners’ motion for reconsideration. Hence, the present petition was filed before the Supreme Court.

ISSUE:

Whether or not Villamater is entitled to total and permanent disability benefits.

RULING:

Yes.

In the case of Villamater, it is manifest that the interplay of age, hereditary, and dietary factors contributed to the development of colon cancer. By the time he signed his employment contract on June 4, 2002, he was already 58 years old, an age at which the incidence of colon cancer is more likely. He had a familial history of colon cancer. Both the Labor Arbiter and the NLRC found his illness compensable for permanent and total disability, because they found that his dietary provisions while at sea increased the risk of contracting colon cancer because he had no choice of what to eat on board except those provided on the vessels and these consisted mainly of high-fat, high-cholesterol, and low-fiber foods.

While findings of the Labor Arbiter, which were affirmed by the NLRC, are entitled to great weight and are binding upon the courts, nonetheless, the Court finds it also worthy to note that even during the proceedings before the Labor Arbiter, Villamater cited that the foods provided on board the vessels were mostly meat, high in fat and high in cholesterol. On this matter, noticeably, petitioners were silent when they argued that Villamater’s affliction was brought about by diet and genetics. It was only after the Labor Arbiter issued his Decision, finding colon cancer to be compensable because the risk was increased by the victuals provided on board, that petitioners started claiming that the foods available on the vessels also consisted of fresh fruits and vegetables, not to mention fish and poultry. It is also worth mentioning that while Dr. Salvador declared Villamater’s cancer “appears to be not work-related,” she nevertheless suggested to petitioners Disability Grade 1, which, under the POEA Standard Contract, “shall be considered or shall constitute total and permanent disability.” During his confinement in Hamburg, Germany, Villamater was diagnosed to have colon cancer and was advised to undergo chemotherapy and medical treatment, including blood transfusions. These findings were, in fact, confirmed by the findings of the company-designated physicians. The statement of Dr. Salvador that Villamater’s colon cancer “appears to be not work-related” remained at that, without any medical explanation to support the same. However, this statement, not definitive as it is, was negated by the same doctor’s suggestion of Disability Grade 1. Under Section 20-B of the POEA Standard Employment Contract, it is the company-designated physician who must certify that the seafarer has suffered permanent disability, whether total or partial, due to either injury or illness, during the term of his employment.