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SO ORDERED.
Del Castillo, Villarama, Jr.,* Reyes,** and Leonen, JJ., concur.
* Designated Acting Member per Special Order No. 1767 dated 27 August 2014.
** Designated Acting Member per Special Order No. 1763 dated 26 August 2014 in
relation to Special Order No. 1776 dated 28 August 2014.
[1] Under Rule 45 of the 1997 Rules of Civil Procedure.
[2] Rollo, pp. 102-115. Penned by Associate Justice Amy C. Lazaro-Javier, with
Presiding Justice Andres B. Reyes, Jr. and Associate Justice Sesinando E. Villon,
concurring.
[3] Id. at 36.
[4] Id. at 223-231.
[5] Id. at 273.
[6] Id. at 280.
[7] Id. at 289.
[8] Id. at 131-132.
[9] Id. at 354.
[10] Under the schedule of disability allowances in Section 32 of the POEA-SEC, a grade
11 disability is entitled to US$7,465 (US$50,000 x 14.93%). However, the Labor Arbiter
ruled that since private respondents have admitted in their pleadings that under the
CBA, petitioner is entitled to US$12,551 for his grade 11 disability, then this is
tantamount to an admission against interest. Thus, the Labor Arbiter held that
petitioner is entitled to US$12,551 disability benefits plus attorney’s fees. In their
position paper to the NLRC, respondents stated that since petitioner has disability grade
11, then he is entitled to US$12,551 (i.e. 14.93% multiplied to the maximum allowable
benefit of US$70,000 as provided in the CBA). Id. at 263.
[11] Id. at 354.
[12] G.R. No. 177578, 25 January 2012, 664 SCRA 134.
[13] Rollo, p. 289.
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