(other than loss of sight of one eye or both eyes or loss of limb)
Verily, the benefits provided therein are far greater than mandated by law which is P50,000.00
for death due to accident.
In an appeal dated February 26, 1993, the complainants questioned the aforesaid decision. They,
however, limited their appeal to claims for additional vacation pay and insurance coverage.
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(I)t then follows that to the extent that the POEA has concluded that there is "no case of
underpayment at bar," the same has to be bindingly observed by us vis-a-vis complainants'
submitted issue in their draft decision of "(2) whether or not there had been underpayments as
claimed by appellants under the provisions of PD 442."
Moreover, on June 13, 1995, the Second Division of this Commission dismissed complainants'
appeal "for lack of merit." At the end of its extended resolution, the Commission concluded that
the complainants failed "to show in a satisfactory manner the facts upon which" they based their
claims.
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This thus disposes the third and fourth issues advanced by complainants for our resolution in
their earlier mentioned draft resolution.
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Even the first issue submitted to us for our resolution (which, in their draft resolution, has been
defined by complainants as "whether or not the lumpsum mode of payment of appellants'
monthly salary is legal") was, for all legal intents and purposes, already resolved in that other
case for inherently submitted for the resolution of the POEA and the Second Division of this
Commission in that other case was the question of whether or not the "fixed salary" mode of
payment stipulated in the parties' contract was valid. The POEA Administrator could not have
concluded that "we see no case of underpayment at bar" if, in his opinion, the parties' "fixed
salary" mode of compensation was illegal, aware that such declaration of nullity was precisely
the end-goal of complainants' complaint.
Similarly, the NLRC Second Division would not have dismissed complainants' appeal if it were
of the view, as argued by complainants, that respondent SOS' lumpsum mode of payment was
illegal.
Indeed, our resolving said first issue anew would amount to a duplicitous exercise of appellate
jurisdiction."iii[3]
On January 17, 1996, petitioners filed a motion for reconsideration. In an Orderiv[4] dated
January 30, 1996, the respondent NLRC denied petitioners' motion.