6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly work-related and had become total and permanent, We hold that the NLRC correctly awarded sickness allowance equivalent to his four (4) months salary or the maximum period of one hundred twenty (120) days. xxxx In the instant case, however. We found that the pieces of evidence submitted by private respondent are not sufficient enough for him to successfully claim reimbursement of x x x [P70,475.90]. To be sure, most of the documents submitted by private respondent are not official receipts but are actually mere itemization of the medicines supposedly procured by private respondent as well as the price of each medicine prescribed by his doctor. 'Jurisprudence instructs that the award of actual damages must be duly substantiated by receipts.' Verily, '[a] list of expenses cannot replace receipts when the latter should have been issued as a matter of course in business transactions.' For this reason, the award for reimbursement of medical expenses should be reduced appropriately. Based on this Court's computation, private respondent should be entitled only to a reimbursement of x x x [P16,647.85], as this is only the amount duly substantiated by receipts. Coming now to the award of moral damages and exemplary damages, it is long settled that '[m]oral damages may be recovered only where the dismissal of the employee was tainted by bad faith or fraud, or where it constituted an act oppressive to labor, and done in a manner contrary to morals, good customs or public policy while exemplary damages are recoverable only if the dismissal was done in a wanton, oppressive, or malevolent manner. In the instant case, the records show that the awards are premised on the following findings of the Labor Arbiter xxxx Consequently, we hold respondents Career Phils. and Columbia and individual respondent Verlou Carmelino guilty of 'misrepresentation for having falsely claimed that 2nd Officer Dayo was no longer on board M/V NORVIKEN at the time complainant was allegedly subjected to 'verbal and psychological harassment' x x x. We are also led to believe that respondents submitted a fraudulent Medical Report x x x. Thus, we find Hie signature of Dr. Susannah Ong-Salvador appearing on the Initial Medical Report relative to the health status of 2nd Officer Dayo, a 'forgery', which rendered the claim of 2nd Officer Dayo's repatriation a mere afterthought. x x x x. Considering that the NLRC affirmed the grant of moral damages and exemplary damages based on such findings of the Labor Arbiter and considering further that petitioners did not shown [sic] any convincing proof to contradict such findings before elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63469 15/31

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