4/14/2021
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Considering that the company-designated physician failed to make a final diagnosis of
Rosales' illness, he is entitled to the maximum allowable sickness allowance equivalent
to 120 days.
The financial assistance awarded by the CA in the amount of US$5,000.00 is sustained
due to respondents' failure to contest the same, even at the Labor Arbiter level.
With regard to the liability of Norma L. David, We find that she should be held solidarily
liable in the payment of the monetary award as provided under Section 7 of Republic
Act No. 10022, which states:
Sec. 10. Money Claims. - Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations Commission
(NLRC) shall have the original and exclusive jurisdiction to hear and decide,
within ninety (90) calendar days after the filing of the complaint, the claims
arising out of an employer-employee relationship or by virtue of any law or
contract involving Filipino workers for overseas deployment including claims
for actual, moral, exemplary and other forms of damage. Consistent with
this mandate, the NLRC shall endeavor to update and keep abreast with the
developments in the global services industry.
The liability of the principal/employer and the recruitment/placement agency
for any and all claims under this section shall be joint and several. This
provision shall be incorporated in the contract for overseas employment and
shall be a condition precedent for its approval. The performance bond to de
filed by the recruitment/placement agency, as provided by law, shall be
answerable for all money claims or damages that may be awarded to the
workers. If the recruitment/placement agency is a juridical being, the
corporate officers and directors and partners as the case may be, shall
themselves be jointly and solidarily liable with the corporation or partnership
for the aforesaid claims and damages.[75] (Underscoring supplied)
The Secretary's certificate[76] attached to the Position Paper with Compulsory
Counterclaim respondents filed in the NLRC states that she is the president of Singa
Ship Management, Phils., Inc.
WHEREFORE, premises considered, the petition is GRANTED. The Decision dated April
24, 2017 and the Resolution dated October 18, 2017 of the Court of Appeals in CA-G.R.
SP No. 139921 are hereby REVERSED and SET ASIDE. Respondents Singa Ship
Management Phils., Inc., Singa Ship Mgt. Pte. Ltd., and Norma L. David are hereby
ORDERED to jointly and solidarily pay petitioner Jorge P. Rosales US$60,000.00 or its
peso equivalent representing his disability benefit under the Philippine Overseas
Employment Agency-Standard Employment Contract, sickness allowance equivalent to
his basic wage equivalent to one hundred twenty days (120) days, if the same has not
been paid, and ten percent (10%) attorney's fees. In addition, respondents are ordered
to pay the financial assistance in the amount of US$5,000.00 or its peso equivalent
awarded by the Court of Appeals.
SO ORDERED.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66265
10/14