Professional Documents
Culture Documents
Position Paper Seaman
Position Paper Seaman
GABRIEL MEJORADA,
Complainant,
POSITION PAPER
PREFATORY STATEMENT
2
Philippine Transmarine Carriers v. NLRC, G.R. No. 123891, 28 February 2001, 353 SCRA 47.
3
Attached hereto as Annexes “A, A-1 to A-10” are copies of Contract of Employment which form an
integral portion hereof.
4
Attached hereto as Annexes “B, B-1 to B-4” are copies of the Pre-employment Medical Examination and
its supporting documents which form an integral portion hereof.
On July 14, 2006, complainant departed from the Philippines and
boarded the vessel MV Ken Ten in Japan on the same day.
5
Attached hereto as Annex “C” is a copy of the Master’s Report which forms an integral portion hereof.
6
Supra.
7
Attached hereto as Annex “D, D-1 and D-10” are copies of the Medical Reports of Health Watch Clinics.
On January 17, 2007, complainant was admitted to the ANDOT
MEDICAL CLINIC in Bacolod, Lanao del Norte and was attended by Dr. Bob
Andot. Said physician made the following diagnosis: Transient Hypotension,
Gout, Acute Gastritis and Status Post Stroke.8
8
Attached hereto as Annex “E’ is a copy of Dr. Bob C. Andot’s Medical Findings.
9
Attached hereto as Annex “F’ is a copy of the Invitation Letter.
Sometime in April 2009, the CALL FOR JUSTICE received a letter 10
from the lawyers of MATAGUMPAY, pertinent portions thereof are as
follows:
“1. Our client has completely fulfilled all its obligations to Mr.
Mejorada under the POEA Contract. When complainant was diagnosed
with his injury/illness, he was afforded all the necessary medical treatment
and assistance. He was likewise paid his full sickness allowance.
Further, it was found that Mr. Mejorada knew of his illness for the
past 4 years taking Neobloc and Delehex as maintenance.
10
Attached hereto as Annexes “G – G-1” are copies of the letter sent by Respondents’ counsel to Call For Justice.
ISSUES:
DISCUSSIONS:
I.
SECOND. COMPLAINANT
SUFFERED A STROKE DURING THE
TERM OF HIS EMPLOYMENT.
COMPLAINANT’S DISABILITY IS
TOTAL AND PERMANENT.
In the case at bar, complainant has no longer able to resume his work
as a seafarer from the time he was repatriated, mainly because his illness
has caused him partial paralysis. Until now, complainant is still under
treatment and medications. What is worse, complainant still has difficulty of
moving the right portion of his body which he suffered during the stroke
that occurred while he was performing his duty with the respondents. As
stated in Dr. Vicente P. Mejorada’s Medical Certficate 13, complainant could
no longer able to perform the same work as he used to before his
repatriation.
II.
12
MAGSAYSAY MARITIME CORP. vs. JAIME M. VELASQUEZ, G.R. No. 179802, November 14, 2008
13
Attached hereto as Annex ‘H” is Dr. Mejorada’s Medical Certificate.
a maximum of 240 days, subject to the right of the employer to declare
within this period that a permanent partial or total disability already exists.
III.
IV.
Under Article 2208 of the New Civil Code, attorney's fees can be
recovered in actions for the recovery of wages of laborers and actions for
indemnity under employer's liability laws. Attorney's fees are also
recoverable when the defendant's act or omission has compelled the
plaintiff to incur expenses to protect his interest. 14
PRAYER
14
BERNARDO REMIGIO vs. NATIONAL LABOR RELATIONS COMMISSION, G.R. No. 159887, April 12, 2006
(4) Attorney’s fees equivalent to 10% of the judgment
award.
Other reliefs which are just and equitable are likewise prayed for.
ATTY.VERMIN M. QUIMCO
Counsel for the Complainant
IBP No. 716098 12-24-08
Roll No. 35377 05/28/1988
MCLE COMPLIANCE No. II-0016426
CALL FOR JUSTICE, Inc.
RM 202 Monsanto Bldg., Don Pedro Celdran St.,
Rosario heights, Tubod, Iligan City
Copy furnished:
EXPLANATION
VERIFICATION
VERMIN M. QUIMCO
AFFIDAVIT OF SERVICE
NATURE OF PLEADING/PAPER
POSTION PAPER
In Re: Mejorada vs. Matagumpay Maritime Inc., et. al., NLRC
Case No. RABX(M)-04-10755-09
2. That I served said position paper together with its annexes by depositing
a copy in the post office in a sealed envelope, plainly addressed to the parties,
with postage fully prepaid, as evidenced by the attached Registry Receipt with
Registry Receipt Numbers below, with the instructions to the postmaster to
return the mail to the sender after ten (10) days if undelivered;
IN WITNESS WHEREOF, I have hereunto set my hand this, _______ day of August
2009, Iligan City, Philippines.
Kerth Ablanque
Affiant
SUBSCRIBED AND SWORN to before me this ______ day of August 2009 at Iligan
City, Philippines, affiant is personally known to me.