5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly the POEA-SEC treats these two kinds of liabilities distinctly and even if the bases for their payment are different. This clearly smacks of grave abuse of discretion amounting to lack and excess of jurisdiction. Grave abuse of discretion was patent when the NLRC acted contrary to the facts – that the LA did not award Alberto medical expenses – and the provisions of the law - in this case, the POEA-SEC. Accordingly, the CA legally erred in affirming the NLRC resolution. WHEREFORE, in light of these considerations, we hereby GRANT in PART the petition. We AFFIRM the decision dated May 31, 2012 and the resolution dated October 23, 2012 of the Court of Appeals in CA-G.R. SP No. 96533 in so far as they affirmed: (1) the award of permanent total disability benefits and 10% attorney’s fees in favor of Alberto B. Javier; and (2) the deduction of the sickness allowance in the amount of US$2,624.00 from the total monetary award of US$68,886.40. We REVERSE and SET ASIDE the portion of the resolution dated March 10, 2006 of the National Labor Relations Commission that ordered the deduction from the total monetary award of US$68,886.40 the amount of P1,928,841.27 as medical expenses. SO ORDERED. Carpio, (Chairperson), Del Castillo, Perez, and Perlas-Bernabe, JJ., concur. [1] Rollo, pp. 8-31. [2] Penned by Associate Justice Michael P. Elbinias, and concurred in by Associate Justices Japar B. Dimaampao and Socorro B. Inting; id. at 145-160. [3] Id. at 162-163. [4] Penned by Commissioner Tito F. Genilo; id. at 101-106. [5] Penned by Labor Arbiter Antonio R. Macam; id. at 67-74. [6] Id. at 32. [7] Id. at 33. [8] Id. at 37-38. [9] Id. at 45-46. [10] Id. at 47-59. [11] Id. at 60-63. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57200 10/13

Select target paragraph3