4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly 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

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