THIRD DIVISION
[G.R. No. 193468. December 7, 2015.]
AL O. EYANA, petitioner, vs. PHILIPPINE TRANSMARINE CARRIERS, INC., ALAIN A. GARILLOS AND CELEBRITY CRUISES, INC. (U.S.A.), respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedDecember 7, 2015, which reads as follows:
"G.R. No. 193468 — (Al O. Eyana vs. Philippine Transmarine Carriers, Inc., Alain A. Garillos and Celebrity Cruises, Inc. (U.S.A.). — On January 28, 2015, the Court resolved the instant petition through a Decision, 1 the dispositive portion of which reads as follows:
WHEREFORE, premises considered, the petition is PARTLY GRANTED. The Decision dated March 22, 2010 and Resolution dated August 13, 2010 of the Court of Appeals in CA-G.R. SP No. 108483 are hereby SET ASIDE. The respondents, Philippine Transmarine Carriers, Inc. and Celebrity Cruises, Inc. are hereby held jointly and severally liable to the petitioner, AL O. EYANA, for the amounts of (a) US$60,000.00 as total and permanent disability allowance, and (b) US$1,000.00 as attorney's fees, at the prevailing rate of exchange at the time of payment. An interest of six percent (6%) per annum is likewise imposed upon the total monetary award reckoned from the date of finality of this Decision until full satisfaction thereof.
SO ORDERED. 2 (Citation omitted)
On April 20, 2015, Philippine Transmarine Carriers, Inc., Alain A. Garillos, and Celebrity Cruises, Inc. (U.S.A.) (respondents) sought reconsideration of the Court's Decision dated January 28, 2015. 3 The respondents pointed out that Al O. Eyana (petitioner) moved for the execution of the Decision rendered by the National Labor Relations Commission (NLRC) on November 28, 2008. 4 The petitioner thereafter signed a document denominated as "Release of All Rights," 5 wherein he acknowledged receipt on April 30, 2014 of the amount of US$16,795.00 from the respondents as settlement of his disability claims. Consequently, Labor Arbiter Romelita N. Rioflorido issued an Order 6 dated May 5, 2012 declaring the full satisfaction of the NLRC's judgment award.
Unfortunately, this development was not manifested to the Court due to the confusion brought about by the resignation of the respondents' counsel.
In view of the foregoing, a modification of the Court's Decision dated January 28, 2015 is in order. The amount US$16,795.00 already paid by the respondents to the petitioner should be deducted from the Court's award of US$60,000.00 as total and permanent disability allowance.
WHEREFORE, the Motion to Admit Motion for Reconsideration and aforesaid Motion for Reconsideration, both dated April 20, 2015, are GRANTED.
The Court's Decision dated January 28, 2015 is MODIFIED insofar as the award of total and permanent disability allowance is concerned. The respondents, Philippine Transmarine Carriers, Inc. and Celebrity Cruises, Inc., are hereby held jointly and severally liable to petitioner Al O. Eyana for the reduced amount of Forty-Three Thousand Two Hundred Five US Dollars (US$43,205.00) as total and permanent disability allowance." cTDaEH
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. Rollo, pp. 119-136.
2. Id. at 135.
3. Please see Motion for Reconsideration, id. at 143-149.
4. Id. at 146.
5. Id. at 150-152.
6. Id. at 157.