SECOND DIVISION
[G.R. No. 243070. February 4, 2019.]
ROLANDO A. PONTILLAS, petitioner,vs. MARLOW NAVIGATION, INC., MARLOW NAVIGATION CO., LTD., AND ANTONIO M. GALVEZ, JR., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 04 February 2019 which reads as follows:
"G.R. No. 243070 (Rolando A. Pontillas v. Marlow Navigation, Inc., Marlow Navigation Co., Ltd., and Antonio M. Galvez, Jr.)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the February 6, 2018 Decision 2 and the October 15, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 146105 for failure of petitioner Rolando A. Pontillas (petitioner) to sufficiently show that the CA committed any reversible error in holding that the National Labor Relations Commission did not gravely abuse its discretion in denying his complaint 4 for permanent and total disability benefits against respondents Marlow Navigation, Inc., Marlow Navigation Co., Ltd., and Antonio M. Galvez, Jr. (respondents).
As correctly ruled by the CA, petitioner failed to present substantial evidence to prove his entitlement to disability benefits. 5 Records show that he was repatriated for completion of his contract and not due to medical reasons. 6 There was also no adequate proof that he submitted himself for post employment medical examination to the company physician within three (3) working days upon repatriation. 7 In fact, he was medically examined at the Seamen's Hospital of the Associated Marine Officers and Seamen's Union of the Philippines only on November 3, 2014 or one hundred five (105) days after his repatriation on July 21, 2014. 8 Indeed, the onus probandi fell on petitioner to establish his claim for disability benefits by substantial evidence, 9 which he failed to do in this case.
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018. REYES, J., JR., J., on official leave.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 9-40.
2.Id. at 43-56. Penned by Associate Justice Edwin D. Sorongon with Associate Justices Ramon M. Bato, Jr. and Maria Filomena D. Singh, concurring.
3.Id. at 57-59.
4. Not attached to the rollo.
5. See rollo, p. 52.
6. See id.
7. See Scanmar Maritime services, Inc. v. De Leon, G.R. No. 199977, January 25, 2017 citing Wallem Maritime Services, Inc. v. Tanawan, 693 Phil. 416, 427 (2012).
8. See rollo, p. 54.
9. See Guerrero v. Philippine Transmarine Carriers, Inc., G.R. No. 222523, October 3, 2018.