6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly I. Whether xxx [petitioners are] entitled to permanent disability benefits and sickness allowance; II. Whether xxx [petitioners are] entitled to attorney's fees and damages.[17] Our Ruling The petition lacks merit. A Petition filed under Rule 45 shall raise only questions of law. But when the findings of the labor tribunals and the CA are in conflict with each other, the Court may make its own examination of the evidence on record The issues petitioners brought before this Court pertain to questions of fact since they basically seek to determine if the illness responsible for Delfrn's disability was acquired by him during the course of his employment as to entitle petitioners to permanent disability benefits, sickness allowance, attorney's fees and damages. As a general rule, this Court does not review questions of facts in a petition filed under Rule 45 of the Rules of Court as only questions of law can be raised in such petition. However, this rule is not absolute and without exceptions. In case the factual findings of the tribunals or courts below are in conflict with each oilier, this Court may make its own examination and evaluation of the evidence on record.[19] Here, the LA found that petitioners ought to be awarded permanent disability benefits, sickness allowance, attorney's fees and damages; the NLRC and the CA, on the other hand, ruled otherwise. Hence, the Court is constrained to examine the evidence on record. The 1996 POEA SEC concerning permanent disability claims and sickness allowance applies to this case. The Standard Terms and Conditions Governing the Employment of Filipino Seafarers On-Board Ocean-Going Vessels as contained in Department Order No. 04 and Memorandum Circular No. 09, both Series of 2000,[20] initially took effect on June 25, 2000. This, at first blush, must be strictly and faithfully observed in this case. However, the POEA had likewise issued Memorandum Circular No. 11, series of 2000 (Memorandum Circular 11-00), concerning, among others, compensation and benefits for injury and illness, viz: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60112 5/16

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