SECOND DIVISION
[G.R. No. 235314. January 22, 2018.]
MICHAELMAR PHILS., INC./PEROSEA SHIPPING AND/OR MERCEDES M. RAVANOPOULOS, petitioners,vs. DANIEL L. PEREZ AND GIDEON Y. BANIHIT, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 22 January 2018 which reads as follows:
"G.R. No. 235314 (Michaelmar Phils., Inc./Perosea Shipping and/or Mercedes M. Ravanopoulos v. Daniel L. Perez and Gideon Y. Banihit)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the September 26, 2016 Decision 1 and January 6, 2017 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 139995 for failure of petitioners Michaelmar Phils., Inc./Perosea Shipping and/or Mercedes M. Ravanopoulos (petitioners) to sufficiently show that the CA committed any reversible error in: (a) upholding respondents Daniel L. Perez and Gideon Y. Banihit's (respondents) entitlement to additional compensation; and (b) denying their motion for reconsideration and merely noting their second motion for reconsideration.
As correctly ruled by the CA, petitioners failed to substantiate that the vessel MT SEA FORCE was attached securely to a berth or Single Buoy Mooring facility in a guarded port area in Lagos, Nigeria, nor was it shown that said vessel was safe and protected under close monitoring by the Nigerian Navy during its entire stay of 55 days. In this relation, the Lagos anchorage where the vessel was detained is considered a High Risk Zone/Area in accordance with Governing Board Resolution No. 13, Series of 2012 3 issued by the Philippine Overseas Employment Administration (POEA). Moreover, the CA aptly denied petitioners' motion for reconsideration for being filed out of time pursuant to Section 1, 4 Rule 52 of the Rules of Court, and noted their second motion for reconsideration pursuant to Section 2, 5 Rule 52 of the same Rules, rendering the CA Decision final and executory.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 39-47. Penned by Associate Justice Rosmari D. Carandang with Associate Justices Mario V. Lopez and Myra V. Garcia-Fernandez concurring.
2.Id. at 48.
3. Governing Board Resolution No. 13, Series of 2012 issued by the POEA reads:
NOW, THEREFORE, the POEA Governing Board, in a meeting duly convened, RESOLVES as it is hereby RESOLVED to adopt IBF Circular dated 19 March 2012 establishing a High Risk Zone/Area with the following coordinates:
"the territorial waters of Benin and Nigeria, including ports, terminals and roads anchorages, the delta of the Niger river, other inland waterways and port facilities, except only when the vessel is attached securely to a berth or SBM facility in a guarded port area." (Emphasis supplied)
4. SEC. 1. Period for filing. — A party may file a motion for reconsideration of a judgment or final resolution within fifteen (15) days from notice thereof, with proof of service on the adverse party.
5. SEC. 2. Second motion for reconsideration. — No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained.