2022 Labor Law, Q5

Marino, a seafarer, was engaged as an oiler on board Searena Corporation’s oil tanker vessel. After ten consecutive contracts, with each contract having a duration of eight months and the last one ending in December 2021, Marino decided it was time to enjoy his hard-earned money, and disembarked from the vessel upon the expiration of his employment contract. In April 2022, he felt excruciating pain in his groin. He went to a doctor and was diagnosed with acute hernia. The doctor also determined that the hernia was caused by repeated heavy lifting because of his work as an oiler. As a result, Marino filed a case against Searena Corporation before the Labor Arbiter, claiming total and permanent disability under the POEA Standard Employment Contract. Searena Corporation raised in its position paper that Marino is barred from filing the case as he did not raise any complaints during the term of his employment, and within three days from his arrival in the country after his last employment. If you were the Labor Arbiter, rule on Searena Corporation’s defense. Explain briefly. (5 points)

Quick check

Under Section 20(A) of the POEA-SEC, what condition must be met for a seafarer's illness to be compensable?

What is the general deadline for a seafarer to undergo a mandatory post-employment medical examination upon repatriation?

What is the legal consequence if a seafarer fails to report for a post-employment medical exam within three working days without valid justification?

Why was Marino's disability claim for acute hernia non-compensable under the POEA-SEC?

Who bears the burden of proving that an illness manifesting after repatriation was contracted during sea service?

Learn more about these topics

1. Disability Benefit Requisites
Under Section 20(A) of the POEA Standard Employment Contract, for a seafarer's injury or illness to be compensable, two mandatory requisites must concur: the injury or illness must be work-related, and it must have existed or been contracted during the term of the seafarer's employment contract. When a seafarer disembarks from the vessel upon the natural expiration of their employment contract without any medical complaints or documented injury during service, a subsequent illness that manifests months after repatriation falls outside the coverage of the contract and is generally rendered non-compensable under maritime labor rules.

2. Mandatory Medical Examination
A seafarer claiming disability benefits under the POEA Standard Employment Contract must strictly comply with the mandatory post-employment medical examination requirement. Within three working days upon arrival in the Philippines, the seafarer must submit to a post-employment medical examination by a company-designated physician, unless physically incapacitated. Failure to comply with this three-day reporting requirement results in the forfeiture of disability claims. The rule allows the employer's physician to assess whether the illness or injury was contracted during maritime service or aggravated by onboard working conditions.

3. Proving Onboard Illness
The burden of proof rests on the seafarer to establish by substantial evidence that an illness contracted after contract completion was suffered during the term of employment. While occupational diseases or work-related conditions may manifest after disembarkation, the seafarer must present concrete medical evidence linking the illness directly to their onboard duties. If the condition manifests long after contract expiration without prior medical records or injury reports while at sea, the claim fails because the tribunal cannot presume that the disease was contracted during the employment period.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026