LABOR - Matugas Vs CF Sharp Crew - When Illness Is Compensable

Matugas vs CF Sharp Crew - When illness is compensable

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LABOR - Matugas Vs CF Sharp Crew - When Illness Is Compensable

Matugas vs CF Sharp Crew - When illness is compensable

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marcmajadas

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l\epublir of tbe flbilippine~

$->upreme QCourt
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FIRST DIVISION

NOTICE

Sirs/Mesdames:
Please take notice that the Court, First Division, issued a Resolution

dated November 17, 2014 which reads as follows:

"G.R. No. 214311 (Reynaldo S. Matugas v. C.F. Sharp Crew

Management, Inc., Clause-Peter Offen Tankschiteederei and/or
William S. Malaluan). - The petitioner is hereby required to SUBMIT
within five (5) days from notice hereof, a soft copy in compact disc, USB
or e-mail containing the PDF file of the signed petition for review on
certiorari and annexes pursuant to the Resolution dated February 25, 2014
in A.M. Nos. 10-3-7-SC and 11-9-4-SC; and the Court of Appeals is
DELETED as party respondent in this case pursuant to Sec. 4, Rule 45,
1997 Rules of Civil Procedure, as amended.

After a judicious perusal of the records, the Court resolves to DENY

the instant petition and AFFIRM the June 25, 2014 Decision 1 and \
September 9, 2014 Resolution2 of the Court of Appeals (CA) in CA-G.R.
SP No. 130041 for failure of Reynaldo S. Matugas (petitioner) to
sufficiently show that the CA committed any reversible error in upholding
the denial of his claim for disability benefits.

As correctly held by the CA, no grave abuse of discretion can be

attributed to the National Labor Relations Commission in denying
petitioner's claim on the ground that he failed to comply with the required
procedure under the POEA Standard Employment Contract. It
RESOLUTION 2 G.R. No. 214311
November 17, 2014

examination within three (3) days from repatriation. Unfortunately,

..... ,, .. ·. pti9t!c:~er failed to comply with the foregoing requirements, as there was a
· .:~'·_· :,~si~\>~--l~pse of tim~ from the ~ate the contract_ expire~ on December
· · 25, 201:0,un~il he was diagnosed with Bronchogenzc Carcinoma on May
J 8, 20~2. l;· ·, 1.

... l,
: ,;, ~~~- ~: ;~~ .· .-~~:i. .'
MGre6~'er, findings of fact of the labor tribunals, as affirmed by the
CA, are generally binding and conclusive upon the Court, 3 and are not to be
disturbed unless they fall under the recognized exceptions, 4 which do not
obtain in this case.

SO ORDERED." BERSAMIN, J., on official travel; VELASCO,

JR., J., acting member per S.O. No. 1870 dated November 4, 2014.

Very truly yours,

1vision Clerk of Co~J\t

{) 17
Atty. Justiniano B. Panambo, Jr. Court of Appeals (x)
Counsel for Petitioner Manila
Suite 214, Kaimo Bldg. (CA-G.R. SP No. 130041)
I 0 I Quezon Ave.
1100 Quezon City DEL ROSARIO & DEL ROSARIO
Counsel for Respondents
14th Fir., DelRosarioLaw Bldg.
Judgment Division (x) 21st Drive cor. 20th Drive
Supreme Court Bonifacio Global City
1630 Taguig City

NATIONAL LABOR RELATIONS

COMMISSION
PPST A Bldg., Banawe St.
1100 Quezon City
(NLRC LAC No. I 0-000873-12; NLRC
NCR Case No. 02-03493-12)

Public Information Office (x)

Library Services (x)
Supreme Court
(For uploading pursuant to A.M.
No. 12-1-7-SC)

Acevedo v. Advanstar Company, Inc., 511 Phil. 279, 287 (2005).

Cirtek Employees labor Union-Federation of Free Workers v. Cirtek Electronics, Inc., G.R. No.
190515, June 6, 2011, 650 SCRA 656, 660. 4
.·..r i -~ f'