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700 Phil. 419
SECOND DIVISION
[ G.R. No. 187337, December 05, 2012 ]
LOADSTAR INTERNATIONAL SHIPPING, INC., PETITIONER, VS. THE
HEIRS OF THE LATE ENRIQUE C. CALAWIGAN REPRESENTED BY
THE LEGAL SPOUSE MARITESS C. CALAWIGAN, RESPONDENTS.
DECISION
PEREZ, J.:
This Rule 45 Petition for Review on Certiorari seeks the reversal and setting aside of the
6 February 2009 Decision[1] rendered by the Fifth Division of the Court of Appeals (CA)
in CA-G.R. SP NO. 105075,[2] the dispositive portion of which states:
WHEREFORE, premises considered, the petition is GRANTED. The Decision
dated April 30, 2008 and the Resolution dated June 18, 2008 of the NLRC,
Third Division in NLRC NCR CA No. 048098 (NLRC NCR OFW-05-07-0159300) are REVERSED and SET ASIDE.
Respondent Loadstar International Shipping, Inc. is hereby ordered to pay
petitioners Heirs of the late Enrique C. Calawigan, represented by Maritess
Calawigan, US$5,520.00 as sickness allowance, US$39,180.00 as
permanent disability compensation which should be paid in Philippine
Currency equivalent to the prevailing rate of exchange at the time of
payment and 10% attorney’s fees.[3]
Likewise assailed is the 30 March 2009 Resolution issued in the case which denied the
motion for reconsideration of the foregoing decision, for lack of merit.[4]
The Facts
On 14 September 2004, Enrique C. Calawigan (Calawigan) was hired by petitioner
Loadstar International Shipping, Inc. (LISI) as a Chief Engineer for the vessel M/V
Foxhound, for a contract period of ten months and a basic monthly salary of
US$1,380.00.[5] Deployed on 22 September 2004, Calawigan immediately commenced
his shipboard employment which primarily entailed responsibilities pertaining to the
operation of the vessels’ engine room, maintenance of its equipment and books and
supervision of the engine crew.[6] About a month prior to the expiration of his contract,
however, it appears that Calawigan, citing personal reasons, filed with LISI a request
for disembarkation/resignation letter postdated 20 June 2005.[7] With the approval of
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55413
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