4/10/2020
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The tenor of the first ground raised by LISI in support of its petition impels us to call its
counsel’s attention to the basic rule that grave abuse of discretion is beyond the scope
of appeals by certiorari like the one at bench.[24] Considering that only questions of law
may be raised in a Rule 45 petition for review on certiorari, the well-entrenched
doctrine is also to the effect that questions of fact are not proper subjects in this mode
of appeal.[25] When supported by substantial evidence, the findings of fact of the Court
of Appeals are conclusive and binding on the parties, and are not reviewed by this
Court except when the findings are contrary with those of the lower court or quasijudicial bodies.[26] Since the CA’s factual findings can be questioned if they are, as
here, contrary to those of the lower court and/or administrative agency,[27] we find
that respondents cannot, in turn, argue that this Court has no jurisdiction to entertain
the questions of fact pertinent to the grounds raised in support of LISI’s petition.
Much had likewise been made of the Statement of Account that Calawigan claimed he
had been issued for an eye examination in Ishinomaki, Japan where he was diagnosed
to be suffering from “Uveitis”. Rejected by both the Labor Arbiter and the NLRC on
grounds of dubious authenticity, said document was given credence by the CA in view
of the fact, among others, that Calawigan’s eye complaint was supposedly confirmed by
the results of the ultrasonography he underwent at the SLMC which, in turn, resulted in
the diagnosis that he was suffering from “Retinal Detachment w/ Vitreous Opacities,
O.D.” The record shows, however, that Calawigan was declared entitled to sickness
allowance and permanent disability compensation by the CA on the strength of Dr.
Mendiola’s finding that said seafarer’s “moderate bilateral sensorineural hearing loss” in
the right ear warrants a Grade 3 disability rating under the POEA-SEC. Thus, we find
further discussions of said Statement of Account as well as the results of the SLMC
ultrasonography to be, on the whole, immaterial in determining the merit of the
petition at bench.
Unfettered by the extraneous, we now go to respondent’s “moderate x x x deafness.”
Deemed written in the seafarer's contract of employment, the 2000 POEA-SEC was
designed primarily for the protection and benefit of Filipino seamen in the pursuit of
their employment on board ocean-going vessels.[28] Anent a seafarer's entitlement to
compensation and benefits for injury and illness, Section 20-B (3) thereof provides as
follows:
Section 20-B.Compensation and Benefits for Injury and Illness. —
xxxx
3. Upon sign-off from the vessel for medical treatment, the seafarer is
entitled to sickness allowance equivalent to his basic wage until he is
declared fit to work or the degree of permanent disability has been assessed
by the company-designated physician, but in no case shall this period
exceed one hundred twenty (120) days.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55413
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