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2. US$1,320.00 or its peso equivalent as sick wages;
3. Attorney's fees equivalent to 10% of the total award.
SO ORDERED.
Notably, the LA awarded US$80,000.00 based on the ITF Cruise Ship Model Agreement
for Catering Personnel, not on the CBA.
Not satisfied, petitioner appealed the LA decision before the National Labor Relations
Commission (NLRC).
The NLRC's Ruling
In its May 28, 2010 Decision, the NLRC affirmed the decision of the LA. Petitioner
timely filed its motion for reconsideration but it was denied by the NLRC in its July 30,
2010 Resolution. On September 5, 2010, the NLRC issued the Entry of Judgment
stating that its resolution affirming the LA decision had become final and executory.
On October 22, 2010, during the hearing on the motion for execution before the NLRC,
petitioner agreed to pay respondent US$81,320.00. The terms and conditions of said
payment were embodied in the Receipt of Judgment Award with Undertaking,[4]
wherein respondent acknowledged receipt of the said amount and undertook to return
it to petitioner in the event the latter's petition for certiorari would be granted, without
prejudice to respondent's right to appeal. It was also agreed upon that the remaining
balance would be given on the next scheduled conference. Pertinent portions of the
said undertaking provide:
xxxx
3. That counsel (of the petitioner) manifested their willingness to tender the
judgment award without prejudice to the respondent's (now petitioner)
right to file a Petition for Certiorari and provided, complainant (now
respondent) undertakes to return the full amount without need of
demand or a separate action in the event that the Petition for
Certiorari is granted;
4. That complainant's counsel was amenable to the arrangement and
accepted the offer. NOW THEREFORE complainant and his counsel hereby
acknowledge RECEIPT of the sum of EIGHTY-ONE THOUSAND THREE
HUNDRED TWENTY AND 0/100 (US$81,320.00) covered by CITIBANK
CHECK with No. 1000001161 dated October 21, 2010 payable to the order
of LEANDRO V. LEGASPI and UNDERTAKES to RETURN the entire
amount to respondent PHILIPPINE TRANSMARINE CARRIERS, INC.
in the event that the Petition for Certiorari is granted without
prejudice to complainant's right to appeal. Such undertaking shall be
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