This Supreme Court decision affirms that seafarers who experience sexual harassment on board vessels are entitled to moral and exemplary damages, even if their claims for disability benefits are not fully substantiated. The Court recognized the unique vulnerability of seafarers in enclosed environments where harassment can be amplified, emphasizing that employers have a duty to ensure safe working conditions. While the seafarer in this case did not receive disability benefits due to insufficient evidence, the Court underscored that victims of sexual harassment are not limited to contractual remedies and can seek damages under substantive law for tortious violations. This ruling serves as a warning to shipping companies to prioritize the safety and well-being of their crew members.

Adrift at Sea: Can a Seafarer Recover Damages After Sexual Harassment?

Richard Lawrence Daz Toliongco, a messman aboard the M/V Mineral Water, endured a harrowing experience of sexual harassment by his chief officer. After two attempts in one night, Toliongco filed a complaint, leading to threats and his eventual repatriation. He later filed a labor complaint for constructive dismissal, seeking disability benefits for post-traumatic stress disorder (PTSD) and damages for the harassment. The central legal question is whether Toliongco is entitled to damages for the sexual harassment he experienced, even if his disability claim is not fully supported by medical evidence.

The case hinges on the interpretation of the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) and its provisions regarding work-related illnesses and injuries. The POEA-SEC mandates that seafarers undergo a post-employment medical examination within three working days of repatriation to determine if an illness or injury is work-related. Failure to comply with this requirement can result in forfeiture of disability benefits, as stipulated in Section 20(A)(3):

For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance.

This “3-day rule” is intended to ensure that any medical conditions are promptly assessed and linked to the seafarer’s employment. However, exceptions exist when the seafarer is physically incapacitated or the employer refuses to provide a medical examination. In Toliongco’s case, he did not comply with the 3-day rule, and the lower courts initially denied his disability claim. However, the Supreme Court examined the validity of the seafarer’s claim regardless of his non-compliance with the 3-day rule on post-employment.

The Court acknowledged that mental health disorders, such as PTSD, might not manifest immediately and can be difficult to diagnose within a strict three-day timeframe. While the POEA-SEC lists mental disorders under Section 32, it primarily refers to those resulting from traumatic head injuries. Section 32-A, however, broadens the scope to include occupational diseases, which require the following conditions to be met:

Section 32 – A. OCCUPATIONAL DISEASES

For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied:

1. The seafarer’s work must involve the risks described herein;
2. The disease was contracted as a result of the seafarer’s exposure to the described risks;
3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; and
4. There was no notorious negligence on the part of the seafarer.

Here, the Court grappled with whether Toliongco’s PTSD was work-related, considering it stemmed from sexual harassment rather than the inherent duties of his job. While Toliongco’s evidence fell short of proving permanent disability entitling him to disability benefits, the Court emphasized that the occurrence of sexual harassment was undisputed.

The Supreme Court recognized that the enclosed environment of a ship can amplify the impact of sexual harassment, making it difficult for victims to escape. The Court then analyzed cases involving abuse and mistreatment, as in Cabuyoc v. Inter-Orient Navigation Shipmanagement, Inc. where the court ruled in favor of Cabuyoc, a Messman who was “found to be suffering from nervous breakdown and was declared unfit for work at sea”, after receiving hostile treatment from the officers of the ship. The court explained the results of his condition to be directly attributed to “the harsh and inhumane treatment of the officers on board”

The Court ultimately ruled that the POEA-SEC should not limit a seafarer’s recourse to contractual claims, stating that “the process for recovery should not be constrained by contract”. Even though Toliongco may not have sufficiently proved his entitlement to disability benefits, the sexual harassment he experienced warranted compensation for moral and exemplary damages. The Court stated, “Our laws allow seafarers, in a proper case, to seek damages based on tortious violations by their employers by invoking Civil Code provisions, and even special laws such as environmental regulations requiring employers to ensure the reduction of risks to occupational hazards.”

The Supreme Court’s decision highlights the importance of providing a safe working environment for seafarers. This extends beyond physical safety to include protection from harassment and abuse. Shipping companies and manning agencies have a responsibility to ensure that crew members are not subjected to hostile or offensive behavior. Furthermore, the Court’s recognition of the unique challenges faced by male victims of sexual harassment challenges societal biases and promotes gender-neutral justice.

This decision underscores that seafarers are not limited to the remedies outlined in their employment contracts. They can seek damages under tort law for wrongful acts committed against them. The ruling serves as a warning to employers: they must take proactive measures to prevent harassment and ensure the well-being of their employees. By awarding moral and exemplary damages, the Court sends a clear message that sexual harassment will not be tolerated and that victims will be compensated for the harm they suffer.

FAQs

What was the key issue in this case?	The key issue was whether a seafarer who experienced sexual harassment is entitled to damages, even if his claim for disability benefits is not fully substantiated due to non-compliance with the 3-day reporting rule.
What is the 3-day reportorial requirement?	The 3-day reportorial requirement mandates that seafarers undergo a post-employment medical examination by a company-designated physician within three working days of repatriation to assess work-related illnesses or injuries. Failure to comply can result in forfeiture of disability benefits.
What happens if a seafarer doesn’t comply with the 3-day rule?	Generally, failure to comply with the 3-day rule can result in the forfeiture of disability benefits. However, exceptions exist if the seafarer is physically incapacitated or the employer refuses to provide a medical examination.
What is the POEA-SEC?	The Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) is a standard contract that outlines the terms and conditions of employment for Filipino seafarers working on international vessels. It includes provisions for compensation, benefits, and medical care.
What did the Labor Arbiter decide?	The Labor Arbiter initially ruled that Toliongco was constructively dismissed and awarded him moral and exemplary damages for the sexual harassment. However, they denied his claim for disability benefits due to his failure to comply with the 3-day rule.
What did the National Labor Relations Commission (NLRC) decide?	The NLRC affirmed the Labor Arbiter’s ruling but deleted the awards for moral and exemplary damages, replacing them with financial assistance. They also upheld the denial of disability benefits.
What did the Court of Appeals decide?	The Court of Appeals dismissed Toliongco’s petition, ruling that the NLRC did not commit grave abuse of discretion. They upheld the denial of disability benefits and the deletion of moral and exemplary damages.
What was the Supreme Court’s decision?	The Supreme Court partly granted the petition, ruling that Toliongco was entitled to moral and exemplary damages for the sexual harassment he experienced. They reinstated and increased the amounts awarded and also granted attorney’s fees.
Can seafarers claim damages beyond their employment contract?	Yes, the Supreme Court clarified that seafarers are not limited to contractual claims under the POEA-SEC. They can seek damages under tort law for wrongful acts committed against them by their employers or fellow crew members.

This landmark decision emphasizes the importance of protecting seafarers from all forms of harassment and abuse. It reinforces the principle that victims have recourse to legal remedies beyond the confines of their employment contracts. By recognizing the unique vulnerabilities of seafarers and holding employers accountable for ensuring safe working conditions, the Supreme Court has taken a significant step toward safeguarding the rights and well-being of Filipino seafarers.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RICHARD LAWRENCE DAZ TOLIONGCO v. COURT OF APPEALS, NATIONAL LABOR RELATIONS COMMISSION, ANGLO-EASTERN CREW MANAGEMENT PHILIPPINES, INC., ANGLO-EASTERN (ANTWERP) NV, GREGORIO B. SIALSA, ALL CORPORATE OFFICERS AND DIRECTORS AND M/V MINERAL WATER, G.R. No. 231748, July 08, 2020