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    Montierro V Rickmers Marine Agency Phils.

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    Himura Kenshin
    The Supreme Court case delineates the effectivity of prior rulings on the 120-day and 240-day rules for filing maritime compensation complaints. It explains that the 120-day rule applies to complaints filed before October 6, 2008, while the 240-day rule applies to complaints filed on or after October 6, 2008. This is based on an earlier 2013 case where the court found that applying the new 240-day rule retroactively in a case filed over two years prior would strip the plaintiff of their cause of action.

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    Montierro V Rickmers Marine Agency Phils.

    Uploaded by

    Himura Kenshin
    117 views1 page
    The Supreme Court case delineates the effectivity of prior rulings on the 120-day and 240-day rules for filing maritime compensation complaints. It explains that the 120-day rule applies to complaints filed before October 6, 2008, while the 240-day rule applies to complaints filed on or after October 6, 2008. This is based on an earlier 2013 case where the court found that applying the new 240-day rule retroactively in a case filed over two years prior would strip the plaintiff of their cause of action.

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    Montierro v Rickmers Marine Agency Phils., January 2015, Case Doctrine 2015

    Original Title

    Montierro v Rickmers Marine Agency Phils.

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    The Supreme Court case delineates the effectivity of prior rulings on the 120-day and 240-day rules for filing maritime compensation complaints. It explains that the 120-day rule applies to complaints filed before October 6, 2008, while the 240-day rule applies to complaints filed on or after October 6, 2008. This is based on an earlier 2013 case where the court found that applying the new 240-day rule retroactively in a case filed over two years prior would strip the plaintiff of their cause of action.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    117 views1 page

    Montierro V Rickmers Marine Agency Phils.

    Uploaded by

    Himura Kenshin
    The Supreme Court case delineates the effectivity of prior rulings on the 120-day and 240-day rules for filing maritime compensation complaints. It explains that the 120-day rule applies to complaints filed before October 6, 2008, while the 240-day rule applies to complaints filed on or after October 6, 2008. This is based on an earlier 2013 case where the court found that applying the new 240-day rule retroactively in a case filed over two years prior would strip the plaintiff of their cause of action.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Montierro v Rickmers Marine Agency Phils.

    G.R. No. 210634, January 14, 2015


    120 day rule vs. 240 day rule
    The Court has already delineated the effectivity of the Crystal Shipping and Vergara rulings in the 2013
    case Kestrel Shipping Co. Inc. v. Munar, by explaining as follows:
    Nonetheless, Vergara was promulgated on October 6, 2008, or more than two (2) years from the time
    Munar filed his complaint and observance of the principle of prospectivity dictates that Vergara should not
    operate to strip Munar of his cause of action for total and permanent disability that had already accrued as a
    result of his continued inability to perform his customary work and the failure of the company-designated
    physician to issue a final assessment.
    Thus, based on Kestrel, if the maritime compensation complaint was filed prior to 6 October 2008,
    the 120-day rule applies; if, on the other hand, the complaint was filed from 6 October 2008
    onwards, the 240-day rule applies.

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