11/9/2020
E-Library - Information At Your Fingertips: Printer Friendly
as "he feels strong enough to work."[13] He stressed that if the respondents would
deny his reemployment, he should be compensated for the long years of service he had
rendered for them. The respondents denied these claims for alleged lack of basis.
For failure of the parties to settle the case amicably, the hearing officer terminated the
conciliation proceedings. On December 16, 2013, the petitioner filed a claim for
permanent total disability benefits, damages and attorney's fees with the Regional
Arbitration Branch No. 1 of the NLRC in San Fernando, La Union.
On April 21, 2014, Executive Labor Arbiter (ELA) Irenarco R. Rimando rendered a
Decision[14] against the respondents, the dispositive portion reading, thus:
IN VIEW THEREOF, judgment is hereby rendered directing respondents
DOHLE PHILMAN MANNING AGENCY, INC. AND CAPT. MANOLO GACUTAN to
jointly and severally pay US$60,000.00 to DANILO L. PACIO, as his
permanent and total disability benefits, plus 10% thereof as attorney's fees.
SO ORDERED.[15]
The respondents' appeal to the NLRC was struck down for lack of merit, with the NLRC
affirming the findings of the ELA in a Decision[16] promulgated on September 30, 2014.
The respondents' Motion for Reconsideration was similarly denied, prompting the
respondents to seek a reprieve with the CA.[17]
In a Decision[18] dated January 22, 2016 granting the respondents' appeal, the CA
found merit in the respondents' assertion that the labor tribunals gravely abused their
discretion in disregarding the pertinent provisions of the Labor Code, the POEA
Standard Employment Contract (POEA SEC), and the Collective Bargaining Agreement
(CBA) in granting the petitioner permanent total disability benefits.
The CA found that the respondents were cognizant of the petitioner's history of high
blood pressure, as the latter had fully disclosed his condition during the PEME and even
admitted that he was on maintenance medication.[19] This also indicated that the
petitioner had been suffering from the pre-existing condition of hypertension at the
time his services were engaged by the respondents. While not discounting the
possibility that the pre-existing condition, which caused the petitioner's transient
ischemic attack, may have progressed during the term of his employment, the CA held
that there was no compliance with the prescribed procedure for disability
compensation.[20] The dispositive portion of the Decision reads, to wit:
WHEREFORE, premises considered, the instant petition is GRANTED. The
Decision dated September 30, 2014 of the National Labor Relations
Commission (NLRC) - Fifth Division in NLRC RAB-I-OFW-(S)-12-1125-13
(SFLU) and NLRC LAC No. 07-000557-14-OFW and its Resolution dated
October 30, 2014 are REVERSED and SET ASIDE.
SO ORDERED.[21]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65376
3/15