FIRST DIVISION
[G.R. No. 259296. August 17, 2022.]
JEBSENS MARITIME, INC. and BRITANNIA SHIP SERVICES (2014) LIMITED, petitioners,vs. CARLO T. GATCHALIAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated August 17, 2022which reads as follows:
"G.R. No. 259296 (Jebsens Maritime, Inc. and Britannia Ship Services (2014) Limited v. Carlo T. Gatchalian). — This is a Petition for Review on Certiorari (Under Rule 45 of the 1997 Rules of Civil Procedure) 1 assailing the Decision 2 dated 21 January 2021 and Resolution 3 dated 09 December 2021 of the Court of Appeals (CA) in CA-G.R. SP No. 163290. The CA affirmed the Decision 4 of the Panel of Voluntary Arbitrators (PVA) finding petitioners Jebsens Maritime, Inc., and Britannia Ship Services (2014) Limited (petitioners) jointly and severally liable to pay respondent Carlo T. Gatchalian (respondent) disability benefits in the amount of US$60,000.00 or its Peso equivalent at the time of payment plus 10% attorney's fees computed based on the total award.
After a judicious perusal of the case, the Court resolves to DENY the present petition for failure on the part of petitioners to sufficiently show any reversible error committed by the CA. The consistent findings of the PVA and the CA reveal that the company-designated physician failed to issue a final and definite assessment within the prescribed period, entitling respondent to permanent total disability benefits by operation of law. 5 Indeed, in the absence of a definite assessment of respondent's fitness or disability, or failure to show how the partial disability assessment was arrived at, or without any evidence to support the assessment, then this is akin to a declaration of permanent and total disability. 6 The Court has not hesitated to set aside tardy, doubtful, and incomplete assessments even if issued by a company-designated physician, 7 as in this case.
It has been consistently held that the award of attorney's fees is legally and morally justifiable in actions where an employee was forced to litigate and incur expenses to protect his [or her] rights and interest. 8 Such justification is clear in the present case as respondent was forced to retain the services of his counsel thereby incurring expenses as a result of petitioners' refusal to pay disability benefits. Thus, the award of attorney's fees is justified.
However, the Court deems it proper to modify the decision of the CA to include the imposition of legal interest on the total monetary awards. Thus, conformably with prevailing jurisprudence, 9 legal interest at the rate of six percent (6%) per annum is imposed on the total monetary award from the finality of this Resolution until full satisfaction.
WHEREFORE, the instant petition is hereby DENIED. Accordingly, the Decision dated 21 January 2021 and Resolution dated 09 December 2021 of the Court of Appeals in CA-G.R. SP No. 163290 are AFFIRMED with MODIFICATION in that the total monetary awards shall earn interest at the rate of six percent (6%) per annum computed from the finality of this Resolution until fully paid.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1. Rollo, pp. 35 to 64.
2. Id. at 66-76; penned by Associate Justice Danton Q. Bueser and concurred in by Associate Justices Geraldine C. Fiel-Macaraig and Alfredo D. Ampuan.
3. Id. at 78-80; penned by Associate Justice Alfredo D. Ampuan and concurred in by Associate Justices Pedro B. Corales and Geraldine C. Fiel-Macaraig.
4. No copy of the said Decision is appended to the instant Petition.
5. See Jebsens Maritime, Inc. v. Mirasol, G.R. No. 213874, 19 June 2019 and Pastor v. Bibby Shipping Philippines, Inc., 843 Phil. 503 (2018).
6. See Magsaysap Maritime Corp. v. Zanoria, G.R. No. 233071, 02 September 2020.
7. See Toquero v. Crossworld Marine Services, Inc., G.R. No. 213482, 26 June 2019.
8. Meco Manning & Crewing Services, Inc. v. Cuyos, G.R. No. 222939, 03 July 2019.
9. Nacar v. Gallery Frames, 716 Phil. 267, 281-283 (2013).