Professional Documents
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GABRIEL MEJORADA,
Complainant,
POSITION PAPER
PREFATORY STATEMENT
1
MAGSAYSAY MARITIME CORP. vs. JAIME M. VELASQUEZ, G.R. No. 179802,
November 14, 2008
and applied fairly, reasonably and liberally in their favor. Only
then can its beneficent provisions be fully carried into effect.2
5
Attached hereto as Annex “C” is a copy of the Master’s Report which forms an
integral portion hereof.
6
Supra.
7
Attached hereto as Annex “D, D-1 and D-10” are copies of the Medical Reports of Health
Watch Clinics.
complainant went back home to his residence in the Municipality
of Maigo, Lanao del Norte. At present, complainant is still suffering
partial paralysis and had not been able to resume work as a
seafarer.
8
Attached hereto as Annex “E’ is a copy of Dr. Bob C. Andot’s Medical Findings.
Almost three years has passed, complainant was
starting to feel anxious and suspicious as his right to claim for the
disability benefit is about to prescribe. Thus, sometime in January
2009, complainant went to the CENTER FOR ALTERNATIVE LEGAL
FORUM AND JUSTIC (CALL FOR JUSTICE), INC., an NGO based in
Iligan City, to seek legal advice. On February 3, 2009, the CALL
FOR JUSTICE sent an invitation letter to MATAGUMPAY for a
possible mediation9.
9
Attached hereto as Annex “F’ is a copy of the Invitation Letter.
10
Attached hereto as Annexes “G – G-1” are copies of the letter sent by Respondents’
counsel to Call For Justice.
On May 11, 2009, a mandatory conference was held for a
possibility of amicable settlement and determination of other
matters, such as but not limited to the simplification of issues.
However, no agreement was reached or amicable settlement was
entered into. As a consequence, this Honorable Office issued an
order directing the parties to submit their respective position
paper.
ISSUES:
DISCUSSIONS:
I.
FIRST. THERE IS A
REASONABLE CONNECTION
BETWEEN RESPONDENT’S
ILLNESS AND THE NATURE OF
HIS JOB. THUS, IT IS WORK
RELATED.
SECOND. COMPLAINANT
SUFFERED A STROKE DURING
THE TERM OF HIS
EMPLOYMENT.
COMPLAINANT’S DISABILITY IS
TOTAL AND PERMANENT.
II.
13
Attached hereto as Annex ‘H” is Dr. Mejorada’s Medical Certificate.
respondents. Up to now, complainant is still under treatment and
medication. As a consequence, the sickness allowance of the
complainant should be computed at the maximum period which is
240 days or 8 months. Hence, the computation is as follows: US $
1, 149.00 as his basic wage multiplied by 8 months (240 days) =
US $ 9, 192 at its peso equivalent at the time of payment.
III.
IV.
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:
Other reliefs which are just and equitable are likewise prayed
for.
14
BERNARDO REMIGIO vs. NATIONAL LABOR RELATIONS COMMISSION, G.R. No.
159887, April 12, 2006
Done this ___ day of August 2009, in Iligan City, Philippines.
ATTY.VERMIN M. QUIMCO
Counsel for the Complainant
IBP No. 716098 12-24-08
Roll No. 35377 05/28/1988
MCLE COMPLIANCE No. II-0016426
CALL FOR JUSTICE, Inc.
RM 202 Monsanto Bldg., Don Pedro Celdran St.,
Rosario heights, Tubod, Iligan City
Copy furnished:
EXPLANATION
VERIFICATION
VERMIN M. QUIMCO
AFFIDAVIT OF SERVICE
I, KERTH ABLANQUE, as legal staff of Atty. Vermin Quimco,
whose office address is situated at RM 202 Monsanto Bldg., Don Pedro
Celdran St., Rosario heights, Tubod, Iligan City, after having been duly sworn
to oath, depose and say:
NATURE OF PLEADING/PAPER
POSTION PAPER
In Re: Mejorada vs. Matagumpay Maritime Inc., et. al.,
NLRC Case No. RABX(M)-04-10755-09
Kerth Ablanque
Affiant