Petitioners moved for the reconsideration of the Decision. In its 7 May
2001 Resolution, the Court of Appeals modified its Decision by
deducting Tanchico’s vacation from his length of service. Thus:
WHEREFORE, our decision is hereby MODIFIED. The petitioners are
ordered to pay to the private respondent the following: (1) disability wages
equivalent to 18 days per year multiplied by 10 years less any amount already
received under the company’s disability plan; prorated 13th month pay
corresponding to eight (8) months of actual work; and attorney’s fee equivalent to
10% of the total award.
SO ORDERED.[12]
Petitioners went to this Court for relief on the following grounds:
I. The Court of Appeals decided a question of substance not in accord with
law, applicable decision of this Court and International Maritime Law when it
ruled that private respondent, a seafarer, was a regular employee;
II. The Court of Appeals decided a question of substance not in accord
with law when it held that the private respondent was entitled to greater disability
benefit than he was [sic];
III. The Court of Appeals decided a question of substance not heretofore
determined by this Court when it ruled that private respondent was entitled to
13th month pay although it was not provided for in the contract of employment
between petitioners and private respondent; and
IV. The Court of Appeals decided a question of substance not in accord
with law when it awarded private respondent attorney’s fees despite the Labor
Arbiter’s and the public respondent’s, albeit initially, dismissal of the complaint.
[13]
The Issues
The issues are as follows:
1. Whether Tanchico is a regular employee of petitioners; and