SECOND DIVISION
[G.R. No. 243957. February 11, 2019.]
MARIOLITO P. IGNES, petitioner,vs. SINGA SHIPMANAGEMENT PHILS., * INC., SINGA SHIP MANAGEMENT PTE. LTD./SEADREAM YACHT AS, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 11 February 2019 which reads as follows:
"G.R. No. 243957 (Mariolito P. Ignes v. Singa Shipmanagement Phils.,Inc., Singa Ship Management Pte. Ltd./ Seadream Yacht AS)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the May 29, 2018 Decision 2 and the November 14, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 151373 for failure of petitioner Mariolito P. Ignes (Ignes) to sufficiently show that the CA committed any reversible error in affirming the rulings 4 of the Voluntary Arbitrators (VA) in MVA-036-RCMB-NCR-147-01-07-2016 and subsequently denying his motion for partial reconsideration. 5
As correctly ruled by the CA, since Ignes no longer appealed from the VA's award of permanent disability benefits under the 2010 Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC), 6 instead of under the Collective Bargaining Agreement between respondent Seadream Yacht AS and Associated Marine Officers and Seamen's Union of the Philippines which covered his POEA-SEC contract, the same is considered final and executory, and thus, could no longer be reversed or modified as to him. 7 It is settled that a party who does not appeal, or file a petition for certiorari, is not entitled to any affirmative relief, and thus, cannot seek modification or reversal of the judgment or claim affirmative relief, 8 as in this case. Finally, the CA correctly deleted the award of moral and exemplary damages for Ignes' failure to prove his entitlement to the same. 9
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
* Also referred to as "Singa Ship Management"; see rollo, p. 4.
1.Rollo, pp. 3-30.
2.Id. at 34-52. Penned by Associate Justice Pedro B. Corales with Associate Justices Rosmari D. Carandang (now a member of this Court) and Elihu A. Ybañez, concurring.
3.Id. at 70-71.
4. See Decision dated January 13, 2017; id. at 139-149. Penned by Justice Rodolfo G. Palattao (ret.) with Comm. Raul T. Aquino and Atty. Gregorio C. Biares, Jr., concurring except to the award of moral and exemplary damages. See also Resolution dated May 26, 2017; id. at 150-152.
5. Titled as Partial Motion for Reconsideration; id. at 53-68.
6. POEA Memorandum Circular No. 10, Series of 2010, entitled "AMENDED STANDARD TERMS AND CONDITIONS GOVERNING THE OVERSEAS EMPLOYMENT OF FILIPINO SEAFARERS ON-BOARD OCEAN-GOING SHIPS," dated October 26, 2010.
7. See rollo, p. 50.
8. See Unilever Philippines, Inc. v. Rivera, 710 Phil. 124, 135 (2013); Corinthian Gardens Association, Inc. v. Spouses Tanjangco, 578 Phil. 712, 723 (2008). See also Manila Water Company v. Del Rosario, 725 Phil. 513, 520 (2014).
9. See rollo, pp. 49 and 51.