6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
reinstatement of the monetary awards contained in the NLRC Decision. On the other
hand, Career and Columbian filed a joint Motion for Reconsideration questioning the
entire decision and award, and reiterating all their arguments before the Labor Arbiter,
NLRC, and in their Petition for Certiorari.
On April 18, 2013, the CA issued the assailed Resolution denying the parties' respective
motions for reconsideration. Thus, the present petitions.
Issues
The following issues are raised by the parties in their respective Petitions:
By Career and Columbian as petitioners in G.R. No. 206826
A. THE HONORABLE COURT OF APPEALS COMMITTED CLEAR ERROR OF LAW
AND IN ITS APPRECIATION OF THE FACTS AND EVIDENCE WHEN IT
AFFIRMED THE AWARD OF TOTAL AND PERMANENT DISABILITY BENEFITS,
SICKNESS ALLOWANCE, AND REIMBURSEMENT OF MEDICAL EXPENSES
DESPITE THE FOLLOWING:
a.1 Malicious concealment of a past mental disorder is fraudulent
misrepresentation. Under express provisions of the governing
POEA Contract, fraudulent misrepresentation of a past medical
condition disqualifies a seafarer from any contractual benefits
and claims [sic].
a.2 Work-relation must be proved by substantial evidence.
Convenient allegations cannot justify a claim for disability
benefits. In the present case, respondent's allegations that his
mental breakdown was due to the maltreatment of Second
Officer Dayo is a falsity as the latter had already been signed-off
prior to the material period. Work-relation is therefore absent and
the claim is not compensable.
a.3 Notwithstanding the above, respondent was provided necessary
treatment until he was declared fit to work, a fact he himself
confirmed and never disputed for almost two (2) years. Clearly
therefore, petitioners can no longer be rendered liable for
respondent's subsequent mental condition.
B. THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS ERROR OF
LAW IN AFFIRMING THE AWARD OF DAMAGES AND ATTORNEY'S FEES
DESPITE ABSENCE OF ANY FINDING OR DISCUSSION SHOWING BAD FAITH
OR MALICE ON THE PART OF PETITIONERS.[37]
By Godinez as petitioner in G.R. No. 206828
THE LONE ISSUE BEING RAISED BY TFffi PETITIONER IN THIS CASE IS
WHETHER THE HONORABLE COURT OF APPEALS GRAVELY ABUSED ITS
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63469
17/31