Supreme Court reiterates 120 day rule in a third decision

Supreme Court Associate Justice Conchita Carpio Morales has again ruled against vessel interests using the 120 day rule. In December 2009, Justice Morales issued two decisions using the 120 day rule and this time, in Quitoriano vs. Jebsens Maritime, G.R. No. 179868; First Division; January 21, 2010) she again ruled that a seafarer who is unable to work for 169 days, although eventually declared fit to work, is entitled to permanent disability benefits. The Labor Arbiter, the NLRC and the Court of Appeals had all dismissed seafarer’s complaint.

This particular decision again made no reference to the Justice Brion’s Vergara decision which clearly discussed and modified the 120 day rule and ruled that it should be a 240 day rule that should apply. It is the author’s opinion that the decision of Justice Morales does not overturn the 240 day Vergara decision as said new 120 day rule decisions never discussed the 240 day Vergara decision.

Rizaldy Quitoriano vs. Jebsens Maritime, Inc./ Ma. Theresa Gutay and/or Atle Jebsens Management A/S; G.R. No. 179868; First Division; January 21, 2010 ; Supreme Court Associate Justice Conchita Carpio Morales, Ponente.