In fine, Masangcay was not entitled to anything more than what he was
already paid by the petitioners. As we noted earlier, the petitioners
spent P209.533.10 for his confinement and surgery; and paid to him his full
120 days sick leave benefits totaling US$1,779.60.[33]
Masangcays motion for reconsideration was denied by the Court of
Appeals in a Resolution dated 30 May 2006.
Hence, this petition for review on certiorari under Rule 45 of the Revised
Rules of Court premised on the following arguments:
I.
IN LIGHT OF THE RECENT DECISION OF THIS HONORABLE COURT
IN CRYSTAL SHIPPING, INC., (AND/OR) A/S STEIN LINE BERGEN VS.
DEO P. NATIVIDAD, (SIC) G.R. NO. 154798, OCTOBER 20, 2005,
PETITIONER SHOULD BE DEEMED TO BE SUFFERING FROM
PERMANENT DISABILITY AND THUS ENTITLED TO DISABILITY
BENEFITS UNDER THE POEA STANDARD EMPLOYMENT
CONTRACT AND TO ATTORNEYS FEES.
II.
IN COMPENSATION PROCEEDINGS AS IN THE INSTANT CASE, THE
DISABILITY OF PETITIONER MUST BE CONSTRUED NOT IN ITS
MEDICAL SIGNIFICANCE BUT ON HIS INABILITY TO PERFORM HIS
CUSTOMARY WORK.[34]
A priori, from a reading of the foregoing arguments laid out by
Masangcay, it is quite apparent that this petition is raising questions of facts as
we are asked to revisit anew the factual findings of the Court of
Appeals. Masangcay is fundamentally assailing the appellate courts finding that
the evidence on record is insufficient to establish his entitlement to disability
benefits. In effect, he would have us sift through the data on record and pass
upon whether or not there is sufficient basis to hold Trans-Global and Ventnor
accountable for refusing to pay him his disability benefits under the POEAs
Revised Standard Terms and ConditionsGoverning the Employment of Filipino
Seafarers on Board Ocean-Going Vessels, which is deemed written in his
contract of employment. This clearly involves a factual inquiry, the
determination of which is the statutory function of the NLRC.[35]