his superiors are very strict with regards to [the] time table in a given task.
[47]
(Underscoring supplied)
Undoubtedly then, respondent is, under the 2000 POEA Standard
Employment Contract, entitled to compensation. His disability benefit, on
account of the priorly stated partial permanent disability with Grade
8 Impediment based on the 2000 POEA Standard Employment Contract,
computed in accordance with Section 20 (B) (6)[48] vis a vis Section 32[49] of the
2000 Standard Employment Contract, thus:
US$50,000 x 33.59%
amounts to US$16,795. The attorneys fees awarded by the labor arbiter
equivalent to ten percent (10%) of the judgment award[50]is thus reduced to
US$1,679.50.
WHEREFORE, the assailed Resolutions of the Court of Appeals dated
May 19, 2006 and December 4, 2006 are SET ASIDE.
The Decision of the Labor Arbiter dated June 28, 2005 is AFFIRMED
with MODIFICATION. The disability benefit awarded to the respondent
Alfonso T. Talavera is reduced to US$16,795 in accordance with Section 20 (B)
(6) vis a vis Section 32 of the 2000 Philippine Overseas Employment
Administration Standard Terms and Conditions Governing the Employment of
Seafarers on Board Ocean Going Vessels, as amended by Department Order
No. 4 and Memorandum Circular No. 9, both series of 2000. The award of
attorneys fees is correspondingly reduced to US$1,679.50.
SO ORDERED.
CONCHITA CARPIO MORALES
Associate Justice
WE CONCUR:
LEONARDO A. QUISUMBING
Acting Chief Justice