6/7/2020
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Indeed, the impression generated by the absence of Salvador's signature on the March
12, 2004 Medical Progress Report, and her consenting to sign as witness to Godinez's
Certificate of Fitness for Work instead, is that Salvador refused to certify that Godinez's
condition had been cured or had improved. But somehow she was prevailed upon to
affix her signature just the same, but only as witness to Godinez's Certificate of fitness
for Work, which must have been the final concession she was willing to make, but an
unethical and unprofessional one nonetheless. By what she did, she was hiding, as
witness, under the cloak of Godinez's own admission that he was already well, hoping
and expecting that any tribunal, including this Court, possibly gullible or unthinking,
might be duped into believing that her signature should lend credibility to Godinez's
certification.
Thus, this Court warns against the continued use of underhanded tactics that
undermine the interests of labor, damages the integrity of the legal profession, mock
the judicial process as a whole, and insult the intelligence of this Court. In prosecuting
a client's case, there are multiple ways of securing victory, other than through
fabrication, prevarication, and guile.
Evident Malice and Bad Faith
It has become evident, without need of further elaboration, that in dealing with Godinez
and in prosecuting their case, Career and Columbian acted in evident malice and bad
faith thus entitling Godinez to an award of moral and exemplary damages.
Not only was Godinez's illness caused directly by his employment, as a result of
unnecessary cruelty on the part of the officers aboard Columbian's ship; there was also
failure and refusal to properly and professionally address his condition until it became
worse; and lack of compassion and understanding on the part of the ship's officers in
failing to consider that Godinez was an innocent young man who was on his very first
assignment onboard an ocean-going vessel, and in treating him inhumanely even as it
became evident that he was already gravely afflicted. The manner in which Godinez
was dealt with in these proceedings evinces a perverse attempt to evade liability by
fabricating evidence and utilizing objectionable and oppressive means and schemes to
secure victory. It constitutes an affront, not only to this Court, but to all honest
workingmen earning a living through hard work and risking their lives for their families.
WHEREFORE, the Court resolves to DENY the Petitions in G.R. No. 206826 and G.R.
No. 206828. The May 22, 2012 Decision of the Court of Appeals in CA-G.R. SP No.
105602 is AFFIRMED WITH MODIFICATION, in that INTEREST is hereby imposed
upon the total monetary award at the rate of six percent (6%) per annum from the
date of finality of this judgment until full satisfaction.
SO ORDERED.
Sereno, C. J., (Chairperson), Leonardo-De Castro, Jardeleza, and Tijam, JJ., concur.
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