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such that the award therein should be paid in the national currency.
WHEREFORE, the Petition is DENIED. The assailed July 15, 2011 Decision and
September 9, 2011 Resolution of the Court of Appeals in CA-G.R. SP No. 118501 are
AFFIRMED, with the MODIFICATION that the adjudged awards of US$60,000.00 and
attorney’s fees equivalent to 10% per cent thereof, be paid in Philippine pesos,
computed at the exchange rate prevailing at the time of payment.
SO ORDERED.
Carpio, (Chairperson), Brion, Mendoza, and Leonen, JJ., concur.
* On August 21, 2014, respondent Juanito G. Bengson died. A Motion for Substitution
was filed on September 10, 2014 by his counsel requesting the substitution of Juanito
G. Bengson to Anita Bengson for and in behalf of her three children namely Janette
Bengson, John Clyde Bengson and Jaimerose Bengson.
[1] Rollo, pp. 37-59.
[2] Id. at 61-78; penned by Associate Justice Ramon R. Garcia and concurred in by
Associate Justices Rosmari D. Carandang and Samuel H. Gaerlan.
[3] Id. at 80-81.
[4] Herein respondent.
[5] Herein petitioner.
[6] Or MOL Tankship, herein co-petitioner of Magsaysay, Inc.
[7] Rollo, pp. 62-64.
[8] Id. at 136-155, 168-172, 173-177.
[9] Id. at 178-199, 205-214.
[10] Art. 192. Permanent total disability. – x x x
(c) The following disabilities shall be deemed total and permanent:
(1) Temporary total disability lasting continuously for more than one hundred twenty
days, except as otherwise provided for in the Rules;
[11] Sec. 2. Period of entitlement. – (a) The income benefit shall be paid beginning on
the first day of such disability. If caused by an injury or sickness it shall not be paid
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