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becomes permanent and total, regardless of any justification.[67]
(Emphasis supplied)
Anent the issue on jurisdiction, We agree that the NLRC had jurisdiction over the case
because the parties have waived proceeding before the panel of voluntary arbitrators.
In any case, the provisions of the CBA[68] did not provide for any grievance machinery
anent disability claims. We cannot agree with the CA's finding that the CBA is inexistent
because the parties did not even raise this as an issue. In fact, MMMI initially argued on
the issue of jurisdiction pursuant to the CBA. Considering that the CBA remains
undisputed, its provisions shall be applicable as the case may be. Relatedly, We award
permanent and total disability benefits equivalent to 100% disability grading pursuant
to the CBA.[69] Section 21 of the CBA states that employees with 50%-100% degree of
disability are entitled to payment of US$156,816.00 for AB (Able Seaman) or with
rankings below AB, and US$235,224.00 for Officers and those with ranking above AB.
[70] As Alfredo is a messman, he is entitled to payment of US$156,816.00 as his
disability benefits. He is likewise entitled to sick pay, if the same had not been paid. We
also award attorney's fees at 10% of the monetary award for being forced to litigate his
interests.[71]
WHEREFORE, the petition is GRANTED. The Decision dated March 31, 2016 of the
Court of Appeals in CA-G.R. SP No. 135892 is REVERSED and SET ASIDE.
Respondents Magsaysay Mol Marine, Inc., Mol Ship Management Co., Ltd., and
Francisco D. Menor are jointly and severally ORDERED to pay petitioner Alfredo Ani
Corcoro, Jr. the following:
1) Permanent and total disability benefits amounting to US $156,816.00;
2) Sickness allowance or sick pay, if the same has not been paid;
3) 10% of the monetary award as attorney's fees.
SO ORDERED.
Leonen, (Chairperson), Gesmundo, Zalameda, and Gaerlan, JJ., concur.
NOTICE OF JUDGMENT
Sirs / Mesdames:
Please take notice that on August 24, 2020 a Decision, copy attached hereto, was
rendered by the Supreme Court in the above-entitled case, the original of which was
received by this Office on February 9, 2021 at 9:35 a.m.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66856
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