6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
WHEREFORE, the instant petition is hereby GRANTED. The NLRC Decision
dated February 12, 2012 and Resolution dated March 16, 2012 are hereby
ANNULLED and SET ASIDE. Accordingly, private respondent's complaint is
hereby DISMISSED.
SO ORDERED.[19]
Petitioner filed a Motion for Reconsideration,[20] insisting among others that the Petition
for Certiorari has been rendered moot and academic by the respondents' satisfaction of
the judgment in full and that his illness is compensable. However, the CA denied the
same in its September 3, 2013 Resolution. Hence, the present Petition.
Issues
Petitioner submits the following assignment of errors for resolution:
I. THE HONORABLE COURT OF APPEALS ACTED IN AWAY NOT IN ACCORD WITH
THE DECISIONS OF THE HONORABLE SUPREME COURT IN HOLDING THAT THE
PETITION FOR CERTIORARI WAS NOT RENDERED MOOT AND ACADEMIC BY THE
VOLUNTARY PAYMENT OF THE JUDGMENT AWARD BY THE PETITIONERS WHICH
RESULTED IN THE FULL AND FINAL SATISFACTION OF THE JUDGMENT.
II. THE HONORABLE COURT OF APPEALS COMMITTED GRAVE ABUSE OF
DISCRETION IN REVERSING THE NLRC AND DENYING THE CLAIMS OF SEAMAN
HERNANDEZ FOR PERMANENT TOTAL DISABILITY COMPENSATION AND OTHER
BENEFITS.[21]
Petitioner's Arguments
Praying that the assailed CA pronouncements be set aside and that the NLRC judgment
be reinstated instead, petitioner contends in his Petition and Reply[22] that contrary to
the ruling of the CA, the doctrine in Career Phils. Ship Management, Inc. v. Madjus
case applies to him as well, since he is likewise prohibited from pursuing further claims
under the documents he was made to sign; that all these documents - Conditional
Satisfaction of Judgment, Receipt of Payment, and Affidavit - in Career Phils. Ship
Management and in this case are identical and were prepared by one and the same
counsel, the del Rosario and del Rosario Law Offices; that in signing these documents,
he did so out of financial necessity and was left with no other recourse; that
nonetheless, even assuming that the CA is correct in not applying Career Phils. Ship
Management, he is still entitled to disability benefits and other claims awarded by the
NLRC, as his illness is work-connected and thus compensable; and that he has worked
for respondents since 2005 - which shows that his hypertension and diabetes
developed and/or were aggravated while working for respondents and having to
contend with the perils of the sea, harsh climate and weather conditions, and emotional
strain of being away from his family.
Respondents' Arguments
In their joint Comment,[23] respondents reiterate the CA pronouncement, adding that
in paying petitioner conditionally, they simply acted in good faith, complied with the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62635
8/14