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Asserting one’s right is not  insubordination

ATTY. DENNIS R. GORECHO 01/21/2020

Asserting one’s right is not tantamount to insubordination in  dismissal cases.   This was the principle used by the  Supreme Court when it ruled that the seafarer was illegally dismissed in Transglobal Maritime Agency, Inc. , v. Vicente Chua, Jr.  ( G.R. No.…

Moral damages in labor  cases

ATTY. DENNIS R. GORECHO 01/14/2020

 Moral damages are awarded to compensate an employee for mental distress that has been caused by the bad faith manner by which they were treated  by their employer in relation to their labor claims. The employee is…

Total and permanent disability benefits of a seafarer undergoing continuous medical treatment

ATTY. DENNIS R. GORECHO 01/07/2020

A seafarer still undergoing medical treatment beyond the 120/240 day period despite an assessment from the company designated physician is entitled to total and permanent disability benefits. This principle was reiterated by the Supreme Court in the…

Stress and the work-related illnesses of seafarers

ATTY. DENNIS R. GORECHO 12/31/2019

A seafarer who suffered an illness on board the vessel must be compensated due to work-related stress. The Supreme Court has recognized that any kind of work or labor produces stress and strain. It is medically accepted…

Delisting as penalty in seafarer’s dismissal cases

ATTY. DENNIS R. GORECHO 12/24/2019

The  maximum penalty of disqualification  from maritime employment  or delisting from  the registry of the Philippine Overseas Employment Administration (POEA) may be imposed upon an erring seafarer depending on the gravity of the offense committed. Dismissal is the ultimate penalty that…

Final and definite disability assessments on seafarer’s benefits

ATTY. DENNIS R. GORECHO 12/17/2019

A final and definite disability assessment is necessary in order to truly reflect the true extent of the sickness or  injuries of the seafarer and his or her capacity to resume work as such. Otherwise, the corresponding disability…

Protection of seafarers’ rights and ambulance chasing

ATTY. DENNIS R. GORECHO 11/26/2019

The dwindling numbers of deployed seafarers are usually misleadingly blamed by employers and manning agencies on the increasing number of litigated cases. They have deliberately and sweepingly depicted seafarers’ lawyers as “unscrupulous” in an attempt to deflect…

Cheering ‘UP Fight!’ amidst the odds

ATTY. DENNIS R. GORECHO 11/19/2019

The UAAP  games galvanized an  extraordinary sense of solidarity for the denizens of the University of the Philippines, often described as the microcosm of a highly diverse nation. An academic community  all too easily fractured by politics…

Concealment of pre-existing illnesses and disability benefits

ATTY. DENNIS R. GORECHO 11/12/2019

A seafarer must fully  disclose past medical condition, disability and history in the pre-employment medical examination (PEME), otherwise his claim for disability benefits will be denied.  The POEA contract  bars the compensability of disability arising from a…

The perils of Filipino fishermen in Taiwan

ATTY. DENNIS R. GORECHO 11/05/2019

KAOSHIUNG, Taiwan –  Migrant fishermen in Taiwan  must be able to live onshore instead of sleeping on the boats on which they work. This is the call of migrant rights and church groups after three Filipino and…

Cardinal Tagle: ‘Be  one with the people of the sea’

ATTY. DENNIS R. GORECHO 10/29/2019

KAOSHIUNG, Taiwan –  Manila Archbishop Luis Antonio Cardinal Tagle encouraged   port welfare workers and chaplains to listen to the people of the sea, particularly  seafarers and fishermen, and not merely impose their plans for them. “It makes a lot…

Pope Francis: Help seafarers to lead holy lives

ATTY. DENNIS R. GORECHO 10/22/2019

KAOSHIUNG, Taiwan –  Pope Francis  has encouraged  port welfare workers and chaplains  to continue with renewed ecumenical spirit their efforts to protect and safeguard the rights of all people of the  sea,  particularly  seafarers and fishermen.  Pope…

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