6/7/2020
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work-related and had become total and permanent, We hold that the NLRC correctly
awarded sickness allowance equivalent to his four (4) months salary or the maximum
period of one hundred twenty (120) days.
xxxx
In the instant case, however. We found that the pieces of evidence submitted by private
respondent are not sufficient enough for him to successfully claim reimbursement of x x
x [P70,475.90]. To be sure, most of the documents submitted by private respondent
are not official receipts but are actually mere itemization of the medicines supposedly
procured by private respondent as well as the price of each medicine prescribed by his
doctor. 'Jurisprudence instructs that the award of actual damages must be duly
substantiated by receipts.' Verily, '[a] list of expenses cannot replace receipts when the
latter should have been issued as a matter of course in business transactions.' For this
reason, the award for reimbursement of medical expenses should be reduced
appropriately. Based on this Court's computation, private respondent should be entitled
only to a reimbursement of x x x [P16,647.85], as this is only the amount duly
substantiated by receipts.
Coming now to the award of moral damages and exemplary damages, it is long settled
that '[m]oral damages may be recovered only where the dismissal of the employee was
tainted by bad faith or fraud, or where it constituted an act oppressive to labor, and
done in a manner contrary to morals, good customs or public policy while exemplary
damages are recoverable only if the dismissal was done in a wanton, oppressive, or
malevolent manner.
In the instant case, the records show that the awards are premised on the following
findings of the Labor Arbiter xxxx
Consequently, we hold respondents Career Phils. and Columbia and
individual respondent Verlou Carmelino guilty of 'misrepresentation for
having falsely claimed that 2nd Officer Dayo was no longer on board M/V
NORVIKEN at the time complainant was allegedly subjected to 'verbal and
psychological harassment' x x x.
We are also led to believe that respondents submitted a fraudulent Medical
Report x x x. Thus, we find Hie signature of Dr. Susannah Ong-Salvador
appearing on the Initial Medical Report relative to the health status of 2nd
Officer Dayo, a 'forgery', which rendered the claim of 2nd Officer Dayo's
repatriation a mere afterthought.
x x x x.
Considering that the NLRC affirmed the grant of moral damages and exemplary
damages based on such findings of the Labor Arbiter and considering further that
petitioners did not shown [sic] any convincing proof to contradict such findings before
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