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POSITION PAPER
COMPLAINANT, through the undersigned counsel, unto this
Honorable Office, most respectfully submits this position paper,
and in support thereof, hereby states that:
PREFATORY STATEMENT
The
standard
employment
contract
for
seafarers
was
MAGSAYSAY MARITIME CORP. vs. JAIME M. VELASQUEZ, G.R. No. 179802, November
14, 2008
Only
for
its
foreign
principal,
co-respondent
YEH
complainant
was
diagnosed
to
have
Right
Attached hereto as Annex D, D-1 and D-10 are copies of the Medical Reports of Health
Watch Clinics.
Noimi
Zabala
(Mr.
Zabala
for
brevity),
the
10
Attached hereto as Annexes G G-1 are copies of the letter sent by Respondents
counsel to Call For Justice.
ISSUES:
1.
2.
3.
4.
DISCUSSIONS:
I.
COMPLAINANT IS ENTITLED TO DISABILITY BENEFITS
Under the 2000 POEA Standard Employment Contract, it is
provided that for an illness/injury to be compensable, such must
be (a.) work related; and (b) suffered during of his employment
contract.
The abovementioned requisites are present in the instant
case.
FIRST.
THERE
IS
A
REASONABLE
CONNECTION
BETWEEN
RESPONDENTS
main
reason
complainant
until
why
the
respondents
latter
suffered
continued
a
stroke
to
engage
and
was
when
complainant
underwent
his
PEME,
the
is
compensable
under
the
2000
POEA
Standard
Employment Contract.
COMPLAINANTS DISABILITY IS
TOTAL AND PERMANENT.
13
that
has
been
communicated
to
the
III.
RESPONDENTS ARE LIABLE FOR DAMAGES
RESPONDENT ACTED IN BAD
FAITH.
benefit.
All
the
while,
complainant
had
trusted
the
instant
case,
respondents
refusal
to
give
PRAYER
WHEREFORE, premises considered, it is hereby respectfully
prayed for that a judgment be rendered finding for complainant
and ordering respondents to jointly and severally pay the former
the following:
(1)
US$60,000 at its peso equivalent at the time of
payment, representing disability benefits corresponding to
Total Permanent;
(2)
US $ 9, 192 at its peso equivalent at the time of
payment, representing Sick Wage allowance;
(3)
P500,000, representing moral and exemplary
damages; and
(4)
Attorneys fees equivalent to 10% of the
judgment award.
Other reliefs which are just and equitable are likewise prayed
for.
Done this ___ day of August 2009, in Iligan City, Philippines.
ATTY.VERMIN M. QUIMCO
14
Copy furnished:
Del Rosario and Del Rosario
Counsel for the Respondents
15/F Pacific Star Building
Makati Ave., cor. Sen. Gil Puyat Ave.
1200 Makati City
EXPLANATION
)
)S.S.
VERIFICATION
I, VERMIN M. QUIMCO, of legal age, Filipino, married,
and a resident of Dona Maria Subdivision, Iligan City after having
been duly sworn to oath in accordance with law, do hereby
depose and say, THAT:
1. I am the counsel of the complainant in the aboveentitled case;
2. Upon the instruction and initiative of my client, I
prepared the foregoing position paper; and
)
) S.S.
AFFIDAVIT OF SERVICE
1.
That on _____________, I served a copy of the following pleading by
Registered Mail:
NATURE OF PLEADING/PAPER
POSTION PAPER
In Re: Mejorada vs. Matagumpay Maritime Inc., et. al.,
NLRC Case No. RABX(M)-04-10755-09
2.
That I served said position paper together with its annexes by
depositing a copy in the post office in a sealed envelope, plainly
addressed to the parties, with postage fully prepaid, as evidenced by
the attached Registry Receipt with Registry Receipt Numbers below,
with the instructions to the postmaster to return the mail to the sender
after ten (10) days if undelivered;
3.
R.R. No.
4.
That I am executing this affidavit of service to attest to the truth of the
foregoing, particularly that copies of herein position paper was sent to the
above addressee by registered mail during the date specified..
IN WITNESS WHEREOF, I have hereunto set my hand this, _______ day of
August 2009, Iligan City, Philippines.
Kerth Ablanque
Affiant
SUBSCRIBED AND SWORN to before me this ______ day of August 2009 at
Iligan City, Philippines, affiant is personally known to me.