5/28/2020
E-Library - Information At Your Fingertips: Printer Friendly
presented then negates compensability, the claim for disability benefits must
necessarily fail,[75] as in this case.
WHEREFORE, the petition is GRANTED. The Decision dated May 2, 2012 and the
Resolution dated December 3, 2012 of the Court of Appeals in CA-G.R. SP No. 115888
are hereby REVERSED and SET ASIDE. Respondent Joel P. Hipe, Jr.’s claim for
disability benefits is DENIED.
SO ORDERED
Velasco, Jr.,* Leonardo-De Castro, (Acting Chairperson),** Del Castillo,*** and Perez,
JJ., concur.
* Designated Acting Member per Special Order No. 1870 dated November 4, 2014.
** Per Special Order No. 1861 dated November 4, 2014.
*** Designated Acting Member per Special Order No. 1862 dated November 4, 2014.
[1] Rollo, pp. 3-35.
[2] Id. at 44-51. Penned by Associate Justice Vicente S. E. Veloso with Associate
Justices Francisco P. Acosta and Samuel H. Gaerlan, concurring.
[3] Id. at 53.
[4] Id. at 253-269. Penned by Presiding Commissioner Gerardo C. Nograles with
Commissioners Perlita B. Velasco and Romeo L. Go, concurring.
[5] Id. at 50.
[6] See Contract of Employment; id. at 106.
[7] “US$709.00” in the Contract of Employment; id.
[8] Id. See also id. at 272.
[9] Id. at 48 and 258.
[10] Id. at 45-47 and 255.
[11] Id. at 255. See also the Medical Certificate issued by Dr. Wilanie Romeo-Dacanay,
M.D.; id. at 213.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58331
8/12