BSM Crew Service Centre Phils., Inc. v. Landicho
This is a civil case, G.R. No. 235729, involving BSM Crew Service Centre Phils., Inc., Berhard Schulte Shipmanagement (Singapore), Pte. Ltd., and/or Laurence O. Avanzalo (petitioners) and Dionisio A. Landicho (respondent). The case concerns the petitioner's appeal of a Court of Appeals decision, which affirmed the Voluntary Arbitrator's (VA) award of US$60,000.00 in disability benefits and attorney's fees to the respondent. The Supreme Court denied the petition due to the petitioners' failure to attach the material portions of the VA Decision and show any reversible error in the Court of Appeals' decision. However, the Court imposed a 6% interest per annum on the total monetary award from the date of finality of the resolution until fully paid, in line with current jurisprudence (Nacar v. Gallery Frames).
ADVERTISEMENT
FIRST DIVISION
[G.R. No. 235729. April 2, 2018.]
BSM CREW SERVICE CENTRE PHILS., INC., BERHARD SCHULTE SHIPMANAGEMENT (SINGAPORE), PTE. LTD., AND/OR LAURENCE O. AVANZALO, petitioners, vs.DIONISIO A. LANDICHO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 2, 2018which reads as follows:
"G.R. No. 235729 — BSM Crew Service Centre Phils., Inc., Berhard Schulte Shipmanagement (Singapore), Pte. Ltd., and/or Laurence O. Avanzalo vs. Dionisio A. Landicho
The Court resolves to DENY the petition for (1) failure to attach material portions of the record, i.e., a copy of the Voluntary Arbitrators (VA) Decision dated July 29, 2016, as would support the petition, and (2) failure to show any reversible error committed by the Court of Appeals in the challenged Decision and Resolution as to warrant the exercise of the Court's discretionary appellate jurisdiction. caITAC
In view of current jurisprudence, 1 however, this Court imposes interest at the legal rate of 6% per annum on the VA's total monetary award of US$60,000.00 and attorney's fees from the date of finality of this Resolution until fully paid.
WHEREFORE, in consideration of the foregoing disquisitions, the petition is DENIED. The Decision dated March 16, 2017 and Resolution dated October 26, 2017 of the Court of Appeals in CA-G.R. SP No. 148404 are AFFIRMED with MODIFICATION that petitioners BSM Crew Service Centre Phils., Inc., Berhard Schulte Shipmanagement (Singapore), Pte. Ltd., and/or Laurence O. Avanzalo are ordered to pay, in addition to the total award of disability benefits to respondent Dionisio A. Landicho in the amount of US$60,000.00 and 10% thereof as attorney's fees, an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid.
SO ORDERED." Sereno, C.J., on leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1.Nacar v. Gallery Frames, 716 Phil. 267, 278-283 (2013).
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