6/14/2021
E-Library - Information At Your Fingertips: Printer Friendly
justify an indiscriminate grant of awards, over and above what the POEA-SEC and/or
the CBA mandate. At the end of the day, the POEA-SEC not only protects the seafarer
by awarding fair compensation, but the employer as well, by setting a cap on his/her
liabilities.
WHEREFORE, the petition is GRANTED. The September 22, 2011 Decision and April
19, 2012 Resolution of the Court of Appeals in CA-G.R. SP No. 116751 are REVERSED
and SET ASIDE.
Petitioners who are heirs of Alcid C. Balbarino are entitled to the following monetary
awards: (i) US$60,000.00 as permanent disability; (ii) US$863.27 as sickness
allowance; (iii) reimbursement of medical expenses (after proper computation); and
(iv) attorney's fees equivalent to ten percent of the total monetary award. The amounts
quoted in US Dollars shall be paid in their equivalent Philippine currency at the time of
payment.
The total amount due shall earn a legal interest of six percent (6%) per annum from
the finality of this Decision until full satisfaction.[125]
The case is remanded to the National Conciliation and Mediation Board for a recomputation of Alcid Balbarino's total monetary award in accordance with this Court's
disposition, and for the return to respondents Pacific Ocean Manning, Inc. and
Worldwide Crew, Inc. of the amount in excess of what they had deposited before the
NCMB, if so warranted.
SO ORDERED.
Leonen (Chairperson), Gesmundo, and Carandang, JJ., concur.
Zalameda, J., on official leave.
February 26, 2021
NOTICE OF JUDGMENT
Sirs / Mesdames:
Please take notice that on September 21, 2020 a Decision, copy attached hereto, was
rendered by the Supreme Court in the above-entitled case, the original of which was
received by this Office on February 26, 2021 at 10:20 a.m.
Very truly yours,
(SGD.) MISAEL DOMINGO C.
BATTUNG III
Division Clerk of Court
[1] Rollo, pp. 8-39.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66892
17/23