petitioner claimed that it was only by inadvertence that he previously failed to attach
a copy of the CBA. Attached as annexes to his motion were: (a) a purported copy of
the CBA (Masterbulk Vessels Maritime Officers Agreement 1999) which allegedly
entitled him to US$110,000.00 in disability benefits (an amount even higher than
the Labor Arbiter's award of US$80,000.00); and (b) a copy of his monthly
contributions as union member during the period that he was employed by
respondents. Thus, he prayed that the Court of Appeals reconsider its May 31, 2005
Decision and award him the higher amount of US$110,000.00 in disability benefits
in accordance with the Masterbulk Vessels Maritime Officers Agreement 1999.
In their Comment, respondents objected to the annexes of petitioner's motion for
reconsideration on the grounds that his belated filing violated their right to due
process and that the list of monthly contributions he presented did not prove he was
a member of AMOSUP since the said list did not contain any validation/signature of
an AMOSUP officer.
In his Reply, petitioner attached as additional evidence copies of: (a) his
identification card as AMOSUP member; (b) his identification card as member of the
Singapore Maritime Officers' Union; and (c) a certification dated July 13, 2005 issued
by the Legal Department of AMOSUP that petitioner was a member of said union at
the time of employment with the M/T Star Langager from March 2 to October 1,
2000.[29]
In a Resolution dated July 14, 2005, the Court of Appeals denied petitioner's motion
for reconsideration, ruling that:
As to the Masterbulk Vessels Maritime Agreement, it is too late in the day
to consider it as it was just submitted with the Motion for
Reconsideration. Liberality to get to the truth is most ideal but there is a
point or stage of the process that it should no longer be allowed. To do so
at this stage would be unfair to the other party.[30]
Hence, petitioner now comes to this Court, raising the following issues:
I.
THE COURT OF APPEALS COMMITTED GRAVE ERROR IN NOT ADMITTING
AND CONSIDERING THE EVIDENCE SUBMITTED BY PETITIONER
SHOWING THAT HE IS A MEMBER OF THE AMOSUP AND THE SINGAPORE
MARITIME OFFICERS UNION.
II.
THE COURT OF APPEALS WAS CLEARLY BIASED IN FAVOR OF THE
RESPONDENTS SUCH THAT IT SHOWED LIBERALITY TO THE LATTER BUT
STRICTLY APPLIED THE RULES AGAINST PETITIONER.
At the outset, it should be noted that the resolution of the foregoing issues entails a
review of the facts of the case which ordinarily would not be allowed in a petition for