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the POEA-SEC treats these two kinds of liabilities distinctly and even if the bases for
their payment are different. This clearly smacks of grave abuse of discretion amounting
to lack and excess of jurisdiction. Grave abuse of discretion was patent when the NLRC
acted contrary to the facts – that the LA did not award Alberto medical expenses – and
the provisions of the law - in this case, the POEA-SEC.
Accordingly, the CA legally erred in affirming the NLRC resolution.
WHEREFORE, in light of these considerations, we hereby GRANT in PART the
petition. We AFFIRM the decision dated May 31, 2012 and the resolution dated
October 23, 2012 of the Court of Appeals in CA-G.R. SP No. 96533 in so far as they
affirmed: (1) the award of permanent total disability benefits and 10% attorney’s fees
in favor of Alberto B. Javier; and (2) the deduction of the sickness allowance in the
amount of US$2,624.00 from the total monetary award of US$68,886.40. We
REVERSE and SET ASIDE the portion of the resolution dated March 10, 2006 of the
National Labor Relations Commission that ordered the deduction from the total
monetary award of US$68,886.40 the amount of P1,928,841.27 as medical expenses.
SO ORDERED.
Carpio, (Chairperson), Del Castillo, Perez, and Perlas-Bernabe, JJ., concur.
[1] Rollo, pp. 8-31.
[2] Penned by Associate Justice Michael P. Elbinias, and concurred in by Associate
Justices Japar B. Dimaampao and Socorro B. Inting; id. at 145-160.
[3] Id. at 162-163.
[4] Penned by Commissioner Tito F. Genilo; id. at 101-106.
[5] Penned by Labor Arbiter Antonio R. Macam; id. at 67-74.
[6] Id. at 32.
[7] Id. at 33.
[8] Id. at 37-38.
[9] Id. at 45-46.
[10] Id. at 47-59.
[11] Id. at 60-63.
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