6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
750 Phil. 949
SECOND DIVISION
[ G.R. No. 211211, January 14, 2015 ]
ROMMEL B. DARAUG, PETITIONER, VS. KGJS FLEET MANAGEMENT
MANILA, INC., KRISTIAN GERHARD JEBSEN SKIPSREDER, MR. GUY
DOMINO A. MACAPAYAG AND/OR M/V “IBIS ARROW,”
RESPONDENTS.
DECISION
MENDOZA, J.:
This resolves the petition for review on certiorari[1] filed by petitioner Rommel B.
Daraug (petitioner) questioning the September 25, 2013 Decision[2] and the January
29, 2014 Resolution[3] of the Court of Appeals (CA) in CA-G.R. SP No. 121327. The
assailed CA issuances affirmed the Decision[4] and the Resolution[5] of the National
Labor Relations Commission (NLRC), which reversed the August 12, 2010 Decision[6] of
Labor Arbiter Geobel A. Bartolabac (LA), granting petitioner’s claim for permanent
disability compensation, sick wages, damages, and attorney’s fees by disposing the
case as follows:
WHEREFORE, premises considered, judgment is hereby rendered ordering
respondents to pay jointly and severally complainant as follows:
1. Permanent Disability compensation [in] accordance with the
AMOSUP CBA in the sum of US$89,100.00;
2. Sick wages for 130 days in the sum of US$1,986.38;
3. Moral and Exemplary damages in the sum of THREE
HUNDRED THOUSAND PESOS (p300,000.00);
4. Attorney’s fees in the sum equivalent to ten percent (10%)
of the judgment award.
SO ORDERED.[7]
The Facts
Petitioner was employed by respondent KGJS Fleet Management Manila, Inc. (KGJS) for
the second time on December 7, 2007 to serve as motorman on board the vessel M/V
Fayal Cement.
On December 23, 2007, while petitioner was working in the storage room, several steel
plates fell and hit his leg. Specifically, it resulted in the fracture of his right fibula and
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58873
1/13