6/5/2020
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I. Whether xxx [petitioners are] entitled to permanent disability benefits and
sickness allowance;
II. Whether xxx [petitioners are] entitled to attorney's fees and damages.[17]
Our Ruling
The petition lacks merit.
A Petition filed under Rule
45
shall
raise
only
questions of law. But when
the findings of the labor
tribunals and the CA are in
conflict with each other, the
Court may make its own
examination of the evidence
on record
The issues petitioners brought before this Court pertain to questions of fact since they
basically seek to determine if the illness responsible for Delfrn's disability was acquired
by him during the course of his employment as to entitle petitioners to permanent
disability benefits, sickness allowance, attorney's fees and damages.
As a general rule, this Court does not review questions of facts in a petition filed under
Rule 45 of the Rules of Court as only questions of law can be raised in such petition.
However, this rule is not absolute and without exceptions. In case the factual findings
of the tribunals or courts below are in conflict with each oilier, this Court may make its
own examination and evaluation of the evidence on record.[19] Here, the LA found that
petitioners ought to be awarded permanent disability benefits, sickness allowance,
attorney's fees and damages; the NLRC and the CA, on the other hand, ruled
otherwise. Hence, the Court is constrained to examine the evidence on record.
The
1996
POEA
SEC
concerning
permanent
disability
claims
and
sickness allowance applies
to this case.
The Standard Terms and Conditions Governing the Employment of Filipino Seafarers
On-Board Ocean-Going Vessels as contained in Department Order No. 04 and
Memorandum Circular No. 09, both Series of 2000,[20] initially took effect on June 25,
2000. This, at first blush, must be strictly and faithfully observed in this case. However,
the POEA had likewise issued Memorandum Circular No. 11, series of 2000
(Memorandum Circular 11-00), concerning, among others, compensation and benefits
for injury and illness, viz:
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