4/10/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 1/11

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