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EMPLOYEES’ COMPENSATION COMMISSION v. EDMUND SANICO

This case has been cited 3 times or more.

	GR No. 164919 2008-07-04	CHINA BANKING CORPORATION v. SPS. TOBIAS L. LOZADA AND ERLINA P. LOZADA CHICO-NAZARIO, J.
Credit and Collection Department There is nothing on record to show any immediate action taken by the spouses Lozada on the afore-quoted letter. But a year following the public auction sale of the foreclosed properties held on 11 September 1998, Erlina executed a Notice of Adverse Claim[17] dated 13 September 1999 as regards Unit No. 402, which she registered with the Registry of Deeds of Makati City.[18] Said Notice of Adverse Claim was subsequently annotated on CCT No. 69096 when it was issued in the name of CBC.
	GR No. 164919 2008-07-04	CHINA BANKING CORPORATION v. SPS. TOBIAS L. LOZADA AND ERLINA P. LOZADA CHICO-NAZARIO, J.
In reply, CBC sent Erlina a letter[21] dated 8 December 1999, telling her that the consideration for Unit No. 402 was P1,100,788.29; thus, the amount she was tendering was insufficient. CBC also informed her that all taxes including documentary stamp tax, capital gains tax, transfer tax, and all other expenses for the transfer of title to her name shall be for her exclusive account.
	GR NO. 159887 2006-04-12	BERNARDO REMIGIO v. NLRC PUNO, J.
Thus, the Court has applied the Labor Code concept of permanent total disability to the case of seafarers. In Philippine Transmarine Carriers v. NLRC,[39] seaman Carlos Nietes was found to be suffering from congestive heart failure and cardiomyopathy and was declared as unfit to work by the company-accredited physician. The Court affirmed the award of disability benefits to the seaman, citing ECC v. Sanico,[40] GSIS v. CA,[41] and Bejerano v. ECC[42] that "disability should not be understood more on its medical significance but on the loss of earning capacity. Permanent total disability means disablement of an employee to earn wages in the same kind of work, or work of similar nature that [he] was trained for or accustomed to perform, or any kind of work which a person of [his] mentality and attainment could do. It does not mean absolute helplessness." It likewise cited Bejerano v. ECC,[43] that in a disability compensation, it is not the injury which is compensated, but rather it is the incapacity to work resulting in the impairment of one's earning capacity.