1)
the balance of sickness wages in the amount of
US$3,790.00, or its peso equivalent at the time of actual payment;
and
2)
reimbursement of medical and surgical expenses in
the total amount of P15,373.26, instead of P13,579.76.
All other claims are DISMISSED for lack of merit.23[23]
As the CA denied their motion for reconsideration in the Resolution dated
January 29, 2004, petitioners filed this present petition.
Petitioners contend that respondent is not entitled to sickness wages, as this
would be tantamount to unjust enrichment and double recovery on the part of
respondent. They maintain that they had paid him US$1,010.00 as full payment of
his salaries and benefits, including his medical treatment and, by reason thereof,
respondent executed the Receipt and Quitclaim. They also claim that prior to his
departure from the country and actual deployment overseas, respondent and his
wife received financial accommodations in the form of cash advances, i.e.,
US$1,000.00, per cash voucher dated April 16, 1997, signed by respondent; and
US$2,790.00, per cash voucher dated April 21, 1997, signed by Crisanta Flores
(wife of respondent), or the total amount of US$3,790.00.
According to
petitioners, since the amount of US$3,790.00 remained unpaid by respondent and
his wife, therefore, they can properly offset the said amount with the sickness
wages they would be paying to respondent.
23[23] Id. at 48.
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