Firm News

Del Rosario & Del Rosario Wins 2025 Boutique Firm of the Year Award from Asian Legal Business

We are honored to share that Del Rosario & Del Rosario has been awarded Boutique Firm of the Year at the 2025 Asian Legal Business (ALB) Philippine Law Awards personally accepted by our Managing Partner, Arturo Del Rosario, Jr. and Partner, Joseph Rebano during the ceremonies held on 8 October 2025 at Shangri-La The Fort, BGC.
 
This recognition reflects our team's dedication to delivering exceptional legal service, deep industry expertise, and a client-first approach that continues to set us apart in the Philippine legal landscape.
 
We are deeply grateful to our clients, colleagues, and partners for your continued trust and support. This milestone inspires us to keep striving for excellence and innovation in everything we do.
 
Thank you for being part of our journey.

Supreme Court Awards Full Disability Benefits despite Third Doctor Partial Disability Assessment

Seafarer was employed as Bosun and injured his back while performing work.  He was seen in a shore clinic but later repatriated for continued medical treatment.  After the required examination and treatment, the company-designated physician (CDP) assessed the seafarer with a partial disability of Grade 12.  Unsatisfied, the seafarer sought medical consult with his own doctor who declared him permanently unfit for sea duty.  The parties then mutually agreed to have the seafarer assessed by a third doctor.  The third doctor found the seafarer to be “permanently disabled” but also assessed him with a partial disability of Grade 11 under the POEA Contract.
 
The seafarer claimed full benefits due to his permanent disability and filed a claim before the NLRC.  Both the Labor Arbiter and the NLRC awarded the seafarer full disability benefits, reasoning that his incapacity to work exceeded 240 days and that Dr. Alagar’s assessment was ambiguous. However, the Court of Appeals reversed, limiting seafarer’s entitlement to partial disability benefits per the Grade 11 assessment of the third doctor. On review, the Supreme Court reinstated the NLRC’s ruling. 
 
The Court held that that when a seafarer’s incapacity to work persists beyond 240 days, the disability is deemed permanent and total, regardless of the partial disability grading. Since even after 240 days, the third doctor’s findings, while referencing Grade 11, also clearly stated seafarer was permanently disabled and unfit for further sea service, he is considered to be permanently and totally disabled by operation of law.  In any event, when the medical report is ambiguous such that it refers to a partial disability and at the same time with a declaration of permanent and total disability, the law favors labor in such cases of ambiguity.
 
R.L. v. Skanfil Maritime Services, Inc. and Crown Shipmanagement, Inc., G.R. No. 266494, April 07, 2025; Third Division, Associate Justice Maria Filomena Singh, ponente.
 
Author’s Note:  This decision seems to interestingly differ from the Court’s earlier findings in the case of Pacific Ocean Manning, Inc. et.al. v. Castillo (2021).  In that case, the Court also took into consideration the findings of the third doctor that the seafarer was unfit to work as a seaman with a grade “7” disability.   Yet, the Court only limited the award to the equivalent of grade “7”.
 
Also, we still have to find out the application of the Skanfil Decision considering the passage of the Magna Carta of Filipino Seafarers which requires that the company-designated physician, seaman’s doctor and third doctor all issue a disability grading in accordance with the applicable contract.

Areas of Specialization:  Labour & personal injury, litigation and dispute resolution, corporate and commercial, shipping and admiralty, intellectual property, cargo claims and charter party, transport, insurance and reinsurance, arbitration and ADR, immigration.