[18]
Rollo, pp. 3-26.
Id. at 12.
[20]
Id. at 19, 26.
[21]
CIVIL CODE Article 1910 (x x x As for any obligation wherein the agent has exceeded his power, the
principal is not bound except when he ratifies it expressly or tacitly.); videYasuma v. Heirs of Cecilio S. De
Villa, G.R. No. 150350, August 22, 2006, 499 SCRA 466, 471-472.
[22]
Vide Ateneo de Naga University v. Manalo, G.R. No. 160455, May 9, 2005, 458 SCRA 325, 337; Shipside
Incorporated v. Court of Appeals, 404 Phil. 981, 996 (2001).
[23]
Dela Cruz v. Ramiscal, G.R. No. 137882, February 4, 2005, 450 SCRA 449, 456.
[24]
Vide ibid.; Baltazar v. Commission on Elections, 403 Phil. 444, 450 (2001).
[25]
Vide ibid.
[26]
Vide Remulla v. Manlongat, 484 Phil. 832, 838-839 (2004).
[27]
NLRC records, pp. 139-140.
[28]
Seagull Maritime Corp. v. Dee, G.R. No. 165156, April 2, 2007, 520 SCRA 109, 117-119.
[29]
NLRC records, pp. 30-31.
[30]
Id. at 64-65.
[31]
Id. at 141-143.
[32]
Id. at 97-99.
[33]
Id. at 143-144.
[34]
Id. at 30.
[35]
Id. at 31.
[36]
2000 POEA Standard Employment Contract, Section 20(B) (6):
SECTION 20. COMPENSATION AND BENEFITS.
xxxx
B. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS.
The liabilities of the employer when the seafarer suffers work-related injury or illness during the
term of his contract are as follows:
xxxx
(6) In case of permanent or total disability of the seafarer caused by either injury or illness the
seafarer shall be compensated in accordance with the schedule of benefits enumerated in Section
32 of this Contract. Computation of his benefits arising from an illness or disease shall be
governed by the rates and rules of compensation applicable at the time the disease or illness was
contracted.
[37]
1996 POEA Standard Employment Contract, Section 20 (B).
[38]
366 Phil. 646 (1999).
[39]
Id. at 649.
[40]
Id. at 654-655.
[41]
Vide NLRC records, pp. 97-99.
[42]
Id. at 99.
[43]
Id. at 144.
[44]
Id. at 64.
[45]
Id. at 81-87.
[46]
Id. at 49.
[47]
Id. at 49-50.
[48]
Vide note 36.
[49]
Section 32, POEA 2000 Standard Employment Contract:
SECTION 32. SCHEDULE OF DISABILITY OR IMPEDIMENT FOR INJURIES SUFFERED
AND DISEASES INCLUDING OCCUPATIONAL DISEASES OR ILLNESS CONTRACTED.
xxxx
CHEST-TRUNK-SPINE
xxxx
5. Moderate rigidity or two thirds (2/3) loss of motion or lifting power of the trunk. Gr. 8
xxxx
SCHEDULE OF DISABILITY ALLOWANCES
[19]
Impediment
Grade
1
2
US$50,000
Impediment
x
x
120.00%
88.81%