5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly Moral Damages .... Exemplary Damages Attorney's Fees .... .... Php 20,000.00 Php 10,000.00 Php 5, 438.41 SO ORDERED [47] On appeal, the National Labor Relations Commission affirmed the Labor Arbiter's ruling with modification.[48] It agreed that Toliongco cannot be given any disability benefit even if he was constructively dismissed.[49] It found that: While complainant submitted the medical reports of his self-appointed doctors, the same failed to show the causal connection between the nature of his employment as the vessel's messman and his PTSD, or that the risk of contracting his illness was increased by his working conditions. Not even his own doctors made a finding or declaration that his illness is workrelated/aggravated or that he is permanently incapacitated to perform his job as messman as a result of his having been molested and threatened by his own superior officer. There is likewise no disability grading issued by his own physicians.[50] However, it deleted the awards for moral and exemplary damages and instead granted financial assistance "as a measure of social and compassionate justice."[51] The dispositive portion of its decision provided: WHEREFORE, premises considered, the assailed Decision is AFFIRMED with modification. Respondents are hereby ordered to solidarity pay complainant his salary for the unexpired portion of his contract computed as follows: 1) Unexpired portion (in USD) 7/13/14-9/22/14 $604.00x2.30 = $1,389.20 They are likewise ordered to give financial assistance in the amount Php 30,000.00 plus 10% attorney's fees of the total amount awarded. The award[s] for moral and exemplary damages are hereby deleted for lack of merit. SO ORDERED.[52] On September 30, 2015, the National Labor Relations Commission denied Toliongco's Motion for Reconsideration for lack of merit.[53] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66544 5/25

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