FIRST DIVISION
[G.R. No. 248289. September 4, 2019.]
MANILA SHIPMANAGEMENT AND MANNING, INC. AND HELLESPONT SHIPMANAGEMENT GMBH & CO. KG., petitioners, vs.JEBERT MABAJEN BARIL, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 4, 2019which reads as follows:
"G.R. No. 248289 (Manila Shipmanagement and Manning, Inc. and Hellespont Shipmanagement GMBH & Co. KG. v. Jebert Mabajen Baril)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRMwith MODIFICATION the October 31, 2018 Decision 2 and the July 2, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 152923 for failure of petitioners Manila Shipmanagement and Manning, Inc. and Hellespont Shipmanagement GMBH & Co. KG (petitioners) to sufficiently show that the CA committed any reversible error in upholding respondent Jebert Mabajen Baril's (respondent) entitlement to total and permanent disability benefits under the Philippine Overseas Employment Administration Standard Employment Contract. 4 However in light of prevailing jurisprudence, 5 the Court deems it proper to impose legal interest on the monetary awards due to respondent at the rate of six percent (6%) per annum from finality of this Resolution until full payment.
As correctly ruled by the CA, respondent's disability was deemed to be total and permanent, considering that he suffered a work-related injury during the term of his contract, which rendered him incapacitated to resume his duties as ordinary seaman even after more than two hundred forty (240) days from his repatriation on October 30, 2015, 6 which petitioners failed to refute with contrary evidence. 7
Moreover, settled is the rule that the factual findings of labor tribunals, when affirmed by the CA, are conclusive upon this Court, 8 save for exceptional circumstances, 9 none of which obtain in this case.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 3-37.
2.Id. at 45-54. Penned by Associate Justice Japar B. Dimaampao with Associate Justices Manuel M. Barrios and Jhosep Y. Lopez, concurring.
3.Id. at 56-57.
4. 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.
5. See Pelagio v. Philippine Transmarine Carriers, Inc., G.R. No. 231773, March 11, 2019, citing Nacar v. Gallery Frames, 716 Phil. 267, 283 (2013).
6. See rollo, pp. 51-52.
7. See Belchem Philippines, Inc./United Philippine Lines v. Zafra, 759 Phil. 514, 529 (2015).
8.Career Philippines Shipmanagement, Inc. v. Serna, 700 Phil. 1, 10 (2012).
9.Id.