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With respect to the award for moral and exemplary damages, there is no
showing of bad faith or malice on the part of private respondents when they
relied on Dr. Alegre's assessment of petitioner Jaleco's disability in denying
the latter's claim.
Petitioner Jaleco's claim for actual damages was premised on his bare
allegation that he was deprived of his sole source of livelihood as a
consequence of his dismissal without due process, by private respondents in
violation of the Labor Code and their failure and refusal to grant him the
correct disability benefits. A party is entitled to adequate compensation only
for such pecuniary loss actually suffered and duly proved. It is a basic rule
that to recover actual damages, the amount of loss must not only be
capable of proof but must actually be proven with a reasonable degree of
certainty, premised upon competent proof or best evidence obtainable of the
actual amount thereof.
WHEREFORE, premises considered, the petition is GRANTED. The Decision
dated November 30, 2010 and Resolution dated February 28, 2011 of public
respondent NLRC, First Division in NLRC NCR Case No. OFW(M) 12-1708708 NLRC LAC No. OFW(M) 07-000539-10 are hereby REVERSED and SET
ASIDE. Judgment is hereby rendered ordering private respondents, jointly
and severally, to pay petitioner Jaleco US$60,000.00 as total permanent
disability benefit and to pay him attorney's fees equivalent to ten percent
(10%) of the total judgment award.
SO ORDERED.[54]
Petitioners filed a Motion for Reconsideration,[55] but the CA denied the same in its May
21,2012 Resolution. Hence, the present Petition.
Issues
Petitioners submit that -
THE HONORABLE COURT OF APPEALS COMMITTED SERIOUS, REVERSIBLE
AND GROSS ERROR IN LAW BASED ON THE FOLLOWING GROUNDS:
A. In granting disability benefits based on the erroneous application of the
case of Crystal Shipping v. Natividad (G.R. No. 154798, October 20,
2005) and equally erroneous interpretation of the case of Jesus
Vergara v. Hammonia Maritime Services, Inc. (G.R. No. 172933,
October 6, 2008)
B. In awarding attorney 's fees without legal and factual basis.[56]
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