It would appear that the spouses Delos Santos paid all the expenses
attendant the second spinal operation as well as for the subsequent
medical treatment. Petitioners demand for reimbursement of these
expenses was rejected by respondent for the reason that all the sickness
benefits of Delos Santos under the Social Security System (SSS) Law had
already been paid.
Thus, on 25 January 1997, petitioner filed a complaint[6] with the
Arbitration Branch of the National Labor Relations Commission (NLRC)
against respondent and Aboitiz Shipping for recovery of disability benefits,
and sick wage allowance and reimbursement of hospital and medical
expenses. She also sought payment of moral damages and attorneys fees.
After due proceedings, the labor arbiter rendered, on 08 January
1999, judgment finding for petitioner and ordering respondent and
Aboitiz Shipping to jointly and severally pay the former the following:
[7]
(1)
P119,536.01, representing reimbursement of medical, surgical and
hospital expenses;
(2)
P9,000, representing reasonable cost of board and lodging;
(3)
P500,000, representing moral damages;
(4)
US$60,000, representing disability benefits corresponding to
Total Permanent Disability;
(5)
US$2,452, representing Sick Wage allowance;
(6)
P62,853.60, representing attorneys fees; and,
(7)
US$6,245.20, also representing attorneys fees.
On appeal, the NLRC, in a decision[8] dated 29 August 2000, modified that
of the labor arbiter, as follows:
WHEREFORE, the decision appealed from is MODIFIED to the extent
that respondents Jebsen Maritime, Inc., and Aboitiz Shipping Company are
hereby ordered jointly and severally liable to pay Gil delos Santos through Amelia