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710 Phil. 838

THIRD DIVISION
[ G.R. No. 202791, June 10, 2013 ]
PHILIPPINE TRANSMARINE CARRIERS, INC., PETITIONER, VS.
LEANDRO LEGASPI, RESPONDENT.
DECISION
MENDOZA, J.:
This is a petition for review on certiorari under Rule 45 of the Rules of Court assailing
the January 5, 2012 Resolution[1] and July 20, 2012 Resolution[2] of the Court of
Appeals (CA), in CA-G.R. SP No. 116686, which denied the petitioner's motion to
amend the dispositive portion of the June 29, 2011 CA Decision.
The Factual and Procedural Antecedents
Respondent Leandro Legaspi (respondent) was employed as Utility Pastry on board the
vessel "Azamara Journey" under the employment of petitioner Philippine Transmarine
Carriers, Inc. (petitioner). Respondent's employment was covered by a Collective
Bargaining Agreement (CBA) wherein it was agreed that the company shall pay a
maximum disability compensation of up to US$60,000.00 only.
While on board the vessel, respondent suffered "Cardiac Arrest S/P ICD Insertation."
He was checked by the ship's doctor and was prescribed medications. On November 14,
2008, respondent was repatriated to receive further medical treatment and
examination. On May 23, 2009, the company- designated physician assessed his
condition to be Disability Grade 2.
Not satisfied, respondent filed a complaint for full and
compensation against petitioner before the Labor Arbiter (LA).

permanent

disability

The Labor Arbiter's Ruling
In its January 25, 2010 Decision,[3] the LA ruled in favor of respondent, the dispositive
portion of which reads:

WHEREFORE, respondents (now petitioner) are hereby ordered to pay
complainant jointly and severally, the following:
1. US$80,000.00 or its peso equivalent at the time of payment as
permanent disability compensation;
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