FIRST DIVISION
[G.R. No. 238958. July 2, 2018.]
BSM CREW SERVICE CENTRE PHILS., INC. AND BERNAN SCHULTE SHIPMANAGEMENT, LTD., petitioners,vs. NAZARIO BASQUEZ CABUGA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated July 2, 2018 which reads as follows:
"G.R. No. 238958 — BSM Crew Service Centre Phils., Inc. and Bernan Schulte Shipmanagement, Ltd., Petitioners, v. Nazario Basquez Cabuga, Respondent.
Considering the allegations, arguments, and issues raised in this Petition for Review on Certiorari, the Court resolves to DENY the same for raising factual issues and for failure to show that the Court of Appeals (CA) in CA-G.R. SP No. 143013 committed any reversible error in affirming the Decision of the National Labor Relations Commission (NLRC), which affirmed the Labor Arbiter's (LA) Decision finding respondent entitled to permanent and total disability benefits and attorney's fees.
Indeed, to resolve whether respondent was entitled to full disability benefits, the Court is tasked to review factual matters which are beyond the scope of this Petition. The Court is not a trier of facts and only questions of law may be raised in a petition filed under Rule 45 of the Rules of Court. Considering that this case does not appear to fall within the exceptions to such rule, we find no reason to disturb the uniform factual finding of the LA, the NLRC, and the CA that respondent was entitled to full disability benefits as such finding is binding upon the Court. 1
Let it be further stressed that, as ruled by the CA, respondent was conclusively presumed to be permanently and totally disabled given that the company-designated doctor failed to issue a declaration on his fitness to work or determine the degree of the disability within 240 days from respondent's repatriation. By reason of such conclusive presumption, respondent is entitled to full disability benefits. 2
ACCORDINGLY, the Court resolves to AFFIRM the assailed October 25, 2017 Decision and April 24, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 143013.
SO ORDERED."Leonardo-de Castro, J., on official leave; Del Castillo, J., designated as Acting Chairperson per Special Order No. 2562 dated June 20, 2018; Gesmundo, J., designated as acting member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. See Caseres v. Universal Robina Sugar Milling Corp., 560 Phil. 615, 618 (2007).
2. See Oriental Shipmanagement Co., Inc. v. Ocangas, G.R. No. 226766, September 27, 2017.