5/19/2021
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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
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