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Usapang Marino : Panay News Compilation of weekly columns/ articles as published in Baguio Chronicle to educate the stakeholders on seafaring related issues.

Courts can disregard the fit-to-work assessment issued by the company doctor if it does not mirror the true condition of...
17/10/2025

Courts can disregard the fit-to-work assessment issued by the company doctor if it does not mirror the true condition of the claimant in terms of his ability to resume seafarer duties. The inherent merit of the case will still be weighed and duly considered.

A FIT-TO-work certification by the company doctor can be set aside by the courts since the inherent merit of the case will still be weighed and duly considered. In the case of OSM Maritime Services v. Nelson Go (GR 238128 Feb. 17, 2021), the Supreme Court disregarded the fit-to-work assessment is...

MALE s*xual abuse is the focus of the  Ilonggo short film  entry in the 21st Cinemalaya Independent Film Festival – “Kun...
16/10/2025

MALE s*xual abuse is the focus of the Ilonggo short film entry in the 21st Cinemalaya Independent Film Festival – “Kung Tugnaw Ang Kaidalman Sang Lawod” (“Cold As The Ocean Runs Deep”) by Seth Andrew Blanca
The film underscores the deafening silence surrounding male abuse as this topic is rarely discussed.

“Tugnaw” centers on a debt-stricken seafarer. He takes his superior’s help in his desperation to send money to his girlfriend. The superior later tightened the hold on him initially through simple massage which later became s*xual advances.

A seafarer himself, Bianca said, “The film touches on seafarers’ infamous stories rarely shared, especially those about being manipulated by people they deeply trusted. From power struggles to abuse, and finally, succumbing to the void. Worse than the waves we encounter at sea are people with evil intentions. It makes you feel as if you were on the ship, feeling the liminal spaces of the corridors to the haunting rumble of the engine.”

The Supreme Court stressed in Richard Toliongco vs Anglo Eastern Crew Mgt. (G.R. No. 231748, July 8, 2020) that s*xual harassment can happen to anyone and everyone.

The Supreme Court underscored that victims of s*xual abuse usually take time before reporting to the proper authorities, more so if they are male as society has made it hard for male victims of s*xual harassment to come out and report.

“Our society has often depicted women as being the weaker s*x, and the only victims of s*xual harassment. It is high-time that this notion is corrected. To consider women as the weaker s*x is discriminatory. To think that only women can be victims of s*xual harassment is discriminatory against men who have suffered the same plight; men who have been victimized by s*xual predators,” the Court said.

Sexual harassment may take the form of s*xist remarks, s*xual advances or s*x-related behavior. It is a reflection of the power relations between individuals involved where, in most instances, the harasser is a person occupying a higher position than the victim.

The Court cited a separate opinion in Garcia vs Drilon, (712 Phil 44, 2013) which recognized the existence of violence against men and the underreporting of such incidents.

The Court said that “social and cultural expectations on masculinity and male dominance urge men to keep quiet about being a victim, adding to the unique experience of male victims of domestic abuse. This leads to latent depression among boys and men. In a sense, patriarchy while privileging men, also victimizes them”.

“There is now more space to believe that portraying only women as victims will not always promote gender equality before the law. It sometimes aggravates the gap by conceding that women have always been dominated by men. In doing so, it renders empowered women invisible; or, in some cases, that men as human beings can also become victims,” the Court added.

The Court further stressed that “it may be said that violence in the context of intimate relationships should not be seen and encrusted as a gender issue, rather it is a power issue. Thus, when laws are not gender-neutral, male victims of domestic violence may also suffer from double victimization first by their abusers and second by the judicial system.

Focusing on women as the victims entrenches some level of heteronormativity. It is blind to the possibility that, whatever moral positions are taken by those who are dominant, in reality intimate relationships can also happen between men.

At its core, s*xual harassment is not an issue of gender but an issue of power.

***

MALE s*xual abuse is the focus of two regional entries in the 21st Cinemalaya Independent Film Festival – “Kung Tugnaw Ang Kaidalman Sang Lawod” (“Cold As The Ocean Runs Deep”) by Seth Andrew Blanca and the full-length film “Raging” by Ryan Machado, and a short film. The films undersco...

Within 120/240 days upon repatriation, the seafarer may be declared fit to work or disabled either partially (Grade 2 to...
24/07/2025

Within 120/240 days upon repatriation, the seafarer may be declared fit to work or disabled either partially (Grade 2 to 14) or total permanent (Grade 1).

There are only three situations where the company doctor will issue a Grade 1 assessment under the POEA contract:

(a) paralysis of both lower extremities

(b) loss of both feet at ankle joint or above

(c) failure of fracture of both hips to unite

The lowest assessment, or Grade 14, will be given to loss of a toe other than the big one and scar the size of a palm or larger left on an extremity.

One contentious issue in disability cases is the grading system assessment under the POEA contract which is not really reflective of the benefits that should be given to the seafarer.

There are medical conditions that are classified as partial disability (between Grade 2 to 14) but in essence should have been considered as total permanent (Grade 1).

The list includes the following:

* paralysis of one lower extremity (Grade 3)

* loss of 10 digits of both feet (Grade 5)

* loss of one foot at ankle joint or above (Grade 6)

* total loss of a leg or amputation at or above the knee (Grade 3)

* failure or fracture of a hip to unite (Grade 3)

* complete immobility of a knee joint in full extension (Grade 10) or in strong flexion (Grade 7)

* complete immobility of a hip joint in flexion of the thigh (Grade 5 ) or in full extension of the thigh (Grade 9)

Employers will never hire a seafarer who has suffered from these medical conditions due to mobility issues.

Fit-To Work certifications are even given to seafarers who are still not cured or in essence can no longer be employed

SEAFARERS work in a hostile environment and no matter how many precautionary measures are taken, accidents are bound to happen resulting to injuries ranging from minor to the most gruesome types. Some even lead to fatalities. A knee, leg or foot injury can affect a seafarer’s life physically...

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