petition for lack of merit. Sameer’s motion for reconsideration was likewise
denied by the Court of Appeals in a Resolution dated August 5, 2015.
Still undeterred, Sameer elevated the case to the Supreme Court by
way of petition for review under Rule 45 of the Rules of Court. The Supreme
Court denied Sameer’s petition in its Decision dated March 18, 2019.
All in all, it took more than sixteen (16) years, counted from the time
Gutierrez filed her complaint before the NLRC, before she was able to finally
execute on the money judgement awarded in her favor.
D.
In the case of “Centennial Transmarine, Inc., Eduardo R. Jabla,
Centennial Maritime Services & M/T Acushnet, vs. Emerito E. Sales,”30,
OFW-Pumpman Emerito E. Sales suffered an injury while working onboard
M/T Acushnet.
On October 4, 2006, Sales filed before the NLRC his complaint
claiming entitlement to permanent and total disability benefits, moral and
exemplary damages, and attorney’s fees.
On September 28, 2007, the Labor Arbiter rendered his decision in
favor of Sales. The Labor Arbiter held that Sales should be paid permanent
and total disability benefits in accordance with the CBA. The Labor Arbiter
also ruled that Sales was able to prove that he sustained injury onboard the
vessel which eventually caused his disability.
CTI appealed the Labor Arbiter’s decision. On April 2, 2009, the
NLRC rendered its decision on appeal reversing and setting aside the decision
of the Labor Arbiter. The NLRC held that Sales was not able to present
evidence to prove the alleged accident that caused his disability. On
reconsideration, the NLRC granted Sales disability benefits in accordance with
the Grade 11 disability assessment issued by the company-designated
physician.
Sales then filed before the Court of Appeals a petition for review on
certiorari under Rule 65 of the Rules of Court. On January 21, 2011, the Court
of Appeals decided in favor of Sales. The Court of Appeals held that Sales is
entitled to permanent and total disability benefits in the amount of
US$78,750.00 because Sales was no longer able to return to work as a
pumpman or as a seaman on account of his disability. The Court of Appeals
also awarded Sales PhP25,000.00 moral damages, PhP25,000.00 exemplary
damages and 10% attorney’s fees. The Court of Appeals denied CTI’s motion
for reconsideration in a resolution dated April 12, 2011.
30
G.R. No. 196455, July 8, 2019
17