fourteen (14) years less the amount he already received under the Company’s
Disability Plan.
On the claim of 13th month pay, the respondent Agency not falling under
the enumerated exempted employers under P.D. 851 and in the absence of any
proof that respondent is already paying its employees a 13th month pay or more in
a calendar year, perforce, respondent agency should pay complainant his monthly
pay computed at [sic] the actual month [sic] worked, which is 8 months.
Since complainant was forced to litigate his case, he is hereby awarded
10% of the total award as attorney’s fees.
SO ORDERED.[8]
Esso and Trans-Global moved for the reconsideration of the 29 March
1999 Resolution.[9] In its 27 July 1999 Resolution,[10]the NLRC denied their
motion.
Esso, now using the name Petroleum Shipping Limited (“Petroleum
Shipping”), and Trans-Global (collectively referred to as “petitioners”) filed a
petition for certiorari before the Court of Appeals assailing
the 29 March 1999 and 27 July 1999 Resolutions of the NLRC.
The Ruling of the Court of Appeals
In its Decision promulgated on 25 January 2001, the Court of Appeals
affirmed in toto the 29 March 1999 Resolution of the NLRC.
The Court of Appeals ruled that Tanchico was a regular employee of
Petroleum Shipping. The Court of Appeals held that petitioners are not exempt
from the coverage of Presidential Decree No. 851, as amended (“PD 851”)
[11]
which mandates the payment of 13th month pay to all employees. The Court of
Appeals further ruled that Tanchico is entitled to disability benefits based on his 14
years of tenure with petitioners. The Court of Appeals stated that the employeremployee
relationship
subsisted
even
during
the
period
of Tanchico’s vacation. The Court of Appeals noted that petitioners were aware
of Tanchico’s medical history yet they still deployed him for 14 years. Finally, the
Court of Appeals sustained the award of attorney’s fees.