In time, petitioner moved for reconsideration, but the appellate court
denied the motion per its resolution of 03 July 2002.[11]
Hence, petitioners present recourse on the grounds that the Court of
Appeals seriously erred:[12]
I
IN DELETING THE AWARD OF US$60,000.00 REPRESENTING THE
MAXIMUM DISABILITY BENEFITS APPLYING THE PROVISIONS OF
THE POEA STANDARD EMPLOYMENT CONTRACT.
(A) PRIOR TO HIS ACCIDENT, THE EMPLOYMENT CONTRACT OF
SEAFARER DELOS SANTOS HAS NOT YET BEEN TERMINATED, IN
RELATION TO SECTION 2, PARAGRAPHS (A) AND (B) AND SECTION 18
(A), POEA STANDARD EMPLOYMENT CONTRACT.
(B) THE CONTRACT OF EMPLOYMENT AT THE TIME OF
SEAFARER DELOS SANTOS ACCIDENT HAS NOT YET EXPIRED
BECAUSE IT WAS MUTUALLY EXTENDED BY THE PARTIES WHEN
DELOS SANTOS WAS NOT SIGNED OFF AND REPATRIATED PRIOR TO
SAID ACCIDENT.
II
IN CONCLUDING THAT NOTWITHSTANDING THE CONTINUATION OF
DELOS SANTOS EMPLOYMENT ON BOARD THE SAME VESSEL AND
UNDER THE SAME CONTRACT, IT IS THE PROVISIONS OF THE LABOR
CODE, AS AMENDED, THAT SHALL GOVERN HIS EMPLOYMENT
RELATIONS.
III
IN DELETING THE AWARD OF SICKNESS ALLOWANCE IN THE
AMOUNT OF US$2,452.00.
(A) THERE IS NO BASIS IN THE DELETION OF THE AWARD OF
SICKNESS ALOWANCE (sic) SINCE PAYMENT OF SOCIAL SECURITY
SYSTEM SICK LEAVE BENEFIT IS INDEPENDENT, SEPARATE AND
DISTINCT FROM THE SICKNESS ALLOWANCE PROVIDED FOR UNDER
THE POEA STANDARD EMPLOYMENT CONTRACT.
The petition is devoid of merit.