FIRST DIVISION
[G.R. No. 241102. January 7, 2019.]
TCM TSAKOS MARITIME PHILIPPINES, INC., petitioner, vs. JHONY U. CALIMPONG, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 7, 2019which reads as follows:
"G.R. No. 241102 — TCM Tsakos Maritime Philippines, Inc., Petitioner, v. Jhony U. Calimpong, Respondent.
Petitioner's Motion for Extension praying for an additional period of thirty (30) days from the expiration of the reglementary period within which to file its Petition 1 for Review on Certiorari is GRANTED.
Considering the allegations, arguments, and issues raised, the instant Petition is hereby DENIED for: (i) raising factual issues; and (ii) failure of the petitioner to show any reversible error in the assailed Decision and Resolution as to warrant the exercise of this Court's discretionary appellate jurisdiction.
Section 25.1 of the Collective Fleet Agreement provides:
25.1 A seafarer who suffers permanent disability as a result of an accident whilst in the employment of the Company regardless of fault, including accidents occurring while travelling to or from the ship, and whose ability to work as a seafarer is reduced as a result thereof, but excluding permanent disability due to willful acts, shall in addition to sick pay, be entitled to compensation according to the provisions of this Agreement. 2
The occurrence of the accident was found and held as duly proven by the Social Security System Accident/Sickness Report 3 by the Panel of Voluntary Arbitrators of the National Conciliation and Mediation Board, which finding was properly affirmed by the Court of Appeals. The Report which provided a description of the accident was signed by petitioner's officers: Phoebe Q. Baczynski as the Immediate Supervisor and Dante R. Pelaez as the Personnel Manager. DcHSEa
Meanwhile, respondent's concealment of his previous illness and repatriation, as well as his receipt of corresponding disability benefits therefor, cannot bar his present claim because his previous illness, phlectenille, right eye, was not shown to be related in any way to his present illness of lower back injury.
This Court had indeed disallowed the payment of disability benefits to seafarers in the past due to concealment or fraudulent misrepresentation. However, a review of these cases reveals that the prior injury or illness concealed by the seafarer was shown to be related to the injury or illness which was the subject of the seafarer's pending claim. 4
WHEREFORE, premises considered, the Court resolves to AFFIRMin toto the assailed May 3, 2018 Decision 5 and July 24, 2018 Resolution 6 of the Court of Appeals in CA-G.R. SP No. 153462.
The Court of Appeals is DROPPED as a party-respondent pursuant to Section 4, Rule 45 of the Rules of Court.
SO ORDERED." Bersamin, C.J., on official leave; Del Castillo, J., designated as Acting Chairperson per Special Order No. 2632 dated December 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 44-79.
2.Id. at 252.
3.Id. at 268.
4. See Philman Marine Agency v. Cabanban, 715 Phil. 454 (2014); Vetyard Terminals v. Suarez, 728 Phil. 527 (2014); Status Maritime v. Spouses Delalamon, 740 Phil. 175 (2014).
5.Rollo, pp. 8-19; penned by Associate Justice Franchito N. Diamante and concurred in by then Associate Justice (now Supreme Court Associate Justice) Jose C. Reyes, Jr. and Associate Justice Maria Elisa Sempio Diy.
6.Id. at 37-38.