6/5/2020
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SEC provides, can rule with finality on the disputed medical
situation.[53]
WHEREFORE, the petition is GRANTED in part. We REVERSE the Court of Appeals’
Decision dated 29 June 2012 and Resolution dated 5 October 2012 in CA-G.R. SP No.
120706. We REINSTATE with MODIFICATION the Decision dated 8 March 2011 of
the National Labor Relations Commission in NLRC LAC Case No. 01-000007-11 (OFW).
We order Maine Marine Philippines, Inc. to pay Dario A. Carcedo, or his surviving
spouse, Priscilla Dela Cruz-Carcedo, the amount of US$148,500.00 only, without
attorney’s fees. The award shall be paid in Philippine pesos, computed at the exchange
rate prevailing at the time of payment.
SO ORDERED.
Carpio, (Chairperson), Del Castillo, Perez,* Mendoza, and Leonen, JJ., concur.
* Designated acting member per Special Order No. 1977 dated 15 April 2015.
[1] Under Rule 45 of the Revised Rules of Civil Procedure.
[2] Rollo, pp. 36-52. Penned by Associate Justice Amy C. Lazaro-Javier, with Presiding
Justice Andres B. Reyes, Jr. and Associate Justice Sesinando E. Villon concurring.
[3] Id. at 53.
[4] CA rollo, pp. 52-60.
[5] Id. at 62-70.
[6] In accordance with the Philippine Overseas Employment Administration Standard
Employment Contract (POEA-SEC), with an overriding IBF JSU/AMOSUP-IMMAJ
Collective Bargaining Agreement (CBA).
[7] CA rollo, p. 119.
[8] Id. at 120.
[9] Id. at 122.
[10] Id.
[11] Id. at 186.
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