January 2009 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 172933 : January 12, 2009]
JESUS VERGARA V. HAMMONIA MARITIME SERVICES, INC. AND ATLANTIC MARINE LTD.
"G.R. No. 172933- JESUS VERGARA v. HAMMONIA MARITIME SERVICES, INC. and ATLANTIC MARINE LTD.
On October 06, 2008, the Court promulgated a Decision denying the petition in this case for lack of merit. It found no legal basis for the petitioner's clim for permanent total disability benefits. The petitioner now seeks a reconsideration of the decision on the following grounds:
- The Decision's interpretation of total and permanent disability is contrary to very recent decisions of the Court involving similar factual findings.
- The failure of the parties to avail of th opinion of a third doctor pursuant to the POEA Standard Employment Contract does not automatically make the findings of the comapany-designated physician final and conclusive.
- The Decision has construed disability in its medical sense rather than on the inability of petitioner to perform his customary work as a seaferer.
After considering the arguments raised, we find no compelling reason to justify a reconsideration of our Decision. To reiterate, the declaration of a permanent total disability after the initial 120 days of temporary total disability made in Crystal Shipping, Inc. v. Natividad[1] and in the cases cited in the motion cannot be simply lifted and applied as a general rule to all cases in all constexts. As we stressed in our Decision, "[T]he specific coontext of the application should be considered, as we must do in the application of all ruling and even of the law and of the impplementing regulations."
WHEREFORE, we DENY te pertitioner's motion for reconsideration WITH FINALITY. No further motion or pleadings shall be entetained. Let judgment be entered in due course.
SO ORDERED.
Endnotes:
[1] G.R. No. 154797. October 20, 2005, 473 SCRA 559.
(Sgd.)LUDICHI YASAY-NUNAG
Clerk of Court
