delos Santos the Philippine peso equivalent at the time of actual payment of US
DOLLARS SIXTY THOUSAND (US$60,000.00) and US DOLLARS TWO
THOUSAND FOUR HUNDRD (sic) FIFTY TWO (US$2,452.00) representing
total disability compensation benefits and sickness wages, and the amount of
ONE HUNDRED THREE THOUSAND EGHT (sic) HUNDRED FOUR AND
87/100 PHILIPPINE PESOS (P103,804.87) representing reimbursement of
surgical, medical and hospital expenses, plus the equivalent of five percent (5%)
of the aggregate award as and for attorneys fees.
All other dispositions are SET ASIDE.
SO ORDERED.
Like the labor arbiter, the NLRC predicated its ruling mainly on the theory
that the POEA-approved contract of employment continued to govern Delos
Santos employment when he contracted his illness. In specific terms, the
NLRC states that the same contract was still effective when Delos Santos
fell ill, thus entitling him to the payment of disability and like benefits
provided in and required under the POEA-SEC.
Following the denial of its motion for reconsideration per NLRC
Resolution[9] of 31 October 2000, respondent went to the Court of Appeals
on a petition for certiorari, thereat docketed as CA-G.R. No. 62229,
imputing on the NLRC grave abuse of discretion. In its petition, respondent
scored the NLRC for, among other things, extending the application of the
expired POEA-approved employment contract beyond the one-month limit
stipulated therein.
On 21 March 2002, the Court of Appeals rendered judgment[10],
modifying the NLRCs decision by deleting altogether the award of disability
compensation benefits, sickness wages and attorneys fees, thus:
WHEREFORE, premises considered, the instant petition for certiorari is
hereby DENIED, finding no grave abuse of discretion on the part of the NLRC.
The Decision of the National Labor Relations Commission (NLRC) dated August
29, 2000 and the Resolution of October 31, 2000 denying petitioners Motion for
Reconsideration are hereby AFFIRMED with MODIFICATION, that the
disability compensation benefits of US$60,000.00 and the sickness wages of
US$2,452.00 are hereby deleted, without prejudice to claiming the same from the
proper government agency. The award of attorneys fees is likewise deleted.