FIRST DIVISION
[G.R. No. 235066. June 4, 2018.]
ALLAN S. DEBUMA, petitioner, vs.CARGO SAFEWAY, INC., EVERGREEN MARINE CORP., AND REYNALDO CASAREO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 4, 2018which reads as follows:
"G.R. No. 235066 (Allan S. Debuma v. Cargo Safeway, Inc., Evergreen Marine Corp., and Reynaldo Casareo). — The motion for extension of time to file petition for review on certiorari filed by petitioner is GRANTED. AIDSTE
Nonetheless, after review of the records, the Court resolves to DENY the petition for failure of petitioner to show any reversible error in the assailed ruling. The Labor Arbiter, the National Labor Relations Commission (NLRC) and the Court of Appeals (CA) found that petitioner's disability rating is Grade 11 for his elbow and Grade 12 for his cervical spine. Thus, petitioner is not entitled to permanent and total disability benefits. Factual findings of the NLRC when sufficiently supported by evidence on record and especially when affirmed by the CA, as in this case, are accorded respect if not finality and are considered binding on this Court.
WHEREFORE, premises considered, the petition is DENIED. The March 9, 2017 Decision and October 20, 2017 Resolution of the Court of Appeals in CA-G.R. SP No. 132250 are hereby AFFIRMED with the MODIFICATION that petitioner's disability compensation shall be subject to an interest at the rate of 6% per annum from the date of finality of this Resolution until fully paid.
The Court of Appeals and the National Labor Relations Commission are DELETED as party respondents in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended.
SO ORDERED." Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018. Tijam, J., on official leave. SDAaTC
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court