G.R. No. 194677 - ALEN H. SANTIAGO, VS. PACBASIN SHIPMANAGEMENT, INC. AND/OR MAJESTIC CARRIERS, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, judgment is hereby rendered ordering the respondents PacBasin ShipManagement, Inc./Esteban Salonga/Majestic Carriers, Inc. to pay complainant Alen H. Santiago the amount of SIXTY SIX THOUSAND SEVEN HUNDRED TWELVE US DOLLARS & 80/100 (US$66,712.80) or its equivalent in Philippine Peso at the prevailing rate of exchange at the time of actual payment representing his disability benefits, sickness wages and attorneys fees. All other claims are DISMISSED for lack of merit. SO ORDERED . [7] Dissatisfied with the ruling of the LA, Pacbasin appealed the decision to the NLRC. On April 25, 2008, the NLRC partially granted its prayer. It ruled that Santiago was only entitled to partial permanent disability equivalent to grade 12 or the amount of $5,225.00 plus 10% as attorneys fees. Thus, the claim for total permanent disability benefit and sickness allowance was disallowed. The decretal portion reads: WHEREFORE, premises considered, respondents appeal is partially GRANTED. The Decision of the Labor Arbiter is AFFIRMED subject to MODIFICATIONS in that complainant is entitled only to partial permanent disability equivalent to grade 12 or the amount of US$5,225.00 plus 10% thereof as attorneys fees. The award of total permanent disability benefit (US$60,000.00) and sickness allowance (of US$648.00) are vacated and set aside for lack of merit. SO ORDERED.