4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly consulted independent physician Dr. Raul Sabado (Dr. Sabado) of the Dagupan Orthopedic Center who, after examination, diagnosed him to be suffering from Compression fracture vertebrae, which is classified as Grade 1 disability. Dr. Sabado pronounced the petitioner permanently unfit for sea-faring duty in a medical certificate dated February 15, 2009.[17] The petitioner submitted such assessment to bolster his claim. He also submitted a copy of his Seaman’s Employment Contract.[18] Likewise proffered in evidence was an alleged copy of ITF Uniform “TCC” Collective Agreement under Sections 22 and 24[19] of which the petitioner is allegedly entitled to maximum permanent disability compensation of US$142,560.00 and sick wages equivalent to one hundred thirty (130) days or US$3,063.66. The petitioner also submitted a copy of a CBA between PSU-ALU-TUCP-ITF and Belships covering the M/V Jaco Triumph for the period November 1, 2008 to October 31, 2009.[20] For their part, the respondents denied that the petitioner’s employment was covered by a CBA and pointed out that the selected pages of the alleged CBA that he attached are misleading. They averred that he is entitled only to the benefits accorded to Grade 11 disability by the POEA-SEC as determined by the company’s designated physicians.[21] Ruling of the LA On June 10, 2009, the LA rendered a Decision[22] according greater merit to the assessment made by the petitioner’s independent doctor over the varying, hence, unreliable, assessments issued by the respondents’ accredited physicians. The LA also noted that the several amounts for settlement offered by the respondents to the petitioner are indicative that he is indeed entitled to permanent disability benefits. The LA rejected the respondents’ assertion that the petitioner’s employment was not covered by a CBA since the exact opposite was proven with certainty by the POEAapproved employment contract submitted by the petitioner. Anent the applicable basis of the award of permanent disability benefits, the LA found the attached pages of the ITF Uniform “TCC” Collective Agreement applicable and sufficient under which the petitioner is entitled to disability compensation and balance of the due sickness allowance under Sections 22 and 24 thereof. The LA awarded moral and exemplary damages in view of the bad faith exhibited by the respondents when they lured the petitioner into settlement by offering various amounts with no genuine intent to actually settle. The dispositive portion of the decision thus read: WHEREFORE, premises considered[,] judgment is hereby rendered ordering respondents United Philippine Lines, Inc. and Belships Management (Singapore) PTE Ltd. to jointly and severally pay (the petitioner) the peso equivalent at the time of actual payment of the sums of US$82,500.00 and US$271.92 as permanent total disability benefits and balance of sickness allowance respectively, pursuant to the mandate of the ITF Uniform “TCC” Collective Agreement. Respondents are further ordered to pay moral and exemplary damages to the (petitioner) in the amount of [P]100,000.00 each plus the amount equivalent to ten percent (10%) of the judgment award as and by way of attorney’s fees. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56076 3/11