5/19/2021
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granting the appeal of petitioners, and modifying the LA's Decision by deleting the
award for moral and exemplary damages as well as reducing the amount of disability
benefits to US$60,000.00. The dispositive portion of the NLRC Decision states:
''WHEREFORE, premises considered, the Appeal dated 18 May 2016 is
PARTIALLY GRANTED. The assailed Decision dated 11 May 2016 is AFFIRMED
WITH MODIFICATION .
The award of moral and exemplary damages [is] DELETED.
Respondents-appellants Ventis Maritime Inc., K-Line Shipmanagement Co.,
Ltd.. Jose Ramon Garcia and Capt. Wilfredo A. Garcia, are jointly and
severally liable to pay complainant-appellee Edgardo L. Salenga, the
following:
1) US$60,000.00 as total and permanent disability benefits;
2) US$2,644.00 as sickness allowance for 120 days; and
3) Attorney's fees equivalent to 10% of the total monetary award.
All other claims are dismissed for lack of factual or legal basis.
SO ORDERED."[19]
The NLRC affirmed the factual findings of the LA and also accorded them great weight
as they were supported by substantial evidence.[20] The NLRC, however, found that
Salenga failed to prove bad faith on the part of petitioners to warrant the award of
moral and exemplary damages.[21]
Petitioners moved for reconsideration but this was denied in the NLRC's Resolution
dated February 14, 2017, prompting petitioners to file a petition for; certiorari with the
CA.[22]
CA Decision
In the assailed Decision, the CA dismissed the petition and affirmed the rulings of the
NLRC. The dispositive portion of the CA Decision states:
WHEREFORE, the instant petition for certiorari is DISMISSED. The
assailed NLRC Decision dated December 29, 2016, and Resolution dated
February 14, 2017 are hereby AFFIRMED.
SO ORDERED.[23]
The CA relied on the findings of the labor tribunals that the CA found to be supported
by substantial evidence. The CA affirmed that Salenga's illnesses were work-related
based on the medical evaluation of the company-designated physicians who found him
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