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Thus, except for the issue on the award of financial assistance to petitioners, the other
issues raised in the present petition cannot be entertained by the Court as these were
not raised on appeal or by a petition for review by petitioners before the CA.
The petitioners are
entitled to financial
assistance.
Even if Amadeo is not entitled to any disability benefits, the Court, has in several
instances, awarded financial assistance to separated employees due to humanitarian
considerations through the principle of social and compassionate justice for the working
class.[33] Hence, the award of financial assistance is essentially subject to the sound
discretion of the courts.
Considering that Amadeo has rendered several years of service with North Sea and
there was no showing that he has derogatory records and that his employment was not
severed due to the commission of an infraction but due to a debilitating illness, the
Court agrees with the CA in awarding financial assistance to Amadeo. Moreover, North
Sea is willing to provide financial assistance to petitioners. In view of the foregoing, the
Court upholds the ruling of the CA that the award of US$8,500.00 to petitioners as
financial assistance is deemed an equitable concession under the circumstances in the
present case.
WHEREFORE, the instant petition is DENIED. The Decision dated November 16, 2018
and the Resolution dated January 23, 2019 of the Court of Appeals in CA-G.R. SP No.
155044 are hereby AFFIRMED.
SO ORDERED.
Perlas-Bernabe, S.A.J., (Chairperson), Hernando, and Inting, JJ., concur.
Baltazar-Padilla, J., on leave.
[1] Rollo, pp. 31-75.
[2] Penned by Associate Justice Celia C. Librea-Leagogo, with Associate Justices Samuel
H. Gaerlan (now a Member of the Court) and Maria Filomena D. Singh, concurring; id.
at 8-19.
[3] Id. at 21-22.
[4] Rendered by Accredited Voluntary Arbitrators Cenon Wesley P. Gacutan, George A.
Eduvala, and Raul T. Aquino; id. at 289-304.
[5] Id. at 126.
[6] Id. at 47, 98-99.
[7] Id. at 99, 184-185.
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