6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly 675 Phil. 587 THIRD DIVISION [ G.R. No. 151993, October 19, 2011 ] MARITIME FACTORS INC., PETITIONER, VS. BIENVENIDO R. HINDANG, RESPONDENT. DECISION PERALTA, J.: Assailed in this petition for review on certiorari are the Decision[1] dated November 28, 2001 and the Resolution[2] dated January 29, 2002, of the Court of Appeals (CA) in CAG.R. SP No. 57478. The antecedent facts are as follows: On June 10, 1994, petitioner Maritime Factors Inc., a domestic manning agency, for and in behalf of its foreign principal Bahrain Marine Contracting/Panama, engaged the services of Danilo R. Hindang (Danilo) to work as GP/Deckhand on board the M/T "Reya," a Panamanian-registered ocean-going vessel. Danilo's contract of employment was for a period of 12 months with a basic monthly salary of US$230.00.[3] On July 27, 1994, while within the territorial jurisdiction of the Kingdom of Saudi Arabia and on board the vessel, Chief Mate Marcial Lauron, Jr., AB Jaime Aguinaldo and Oiler Allan P. Sarabia forced open Danilo's cabin door by taking out the screws on the door lock with a screw driver. They found Danilo's body inside the locker (wardrobe) of his cabin.[4] Danilo was found hanging by a strap on his neck in a kneeling position.[5] Upon arriving at West Pier, Ras Tanurah, they turned over Danilo's body to the Saudi police authorities, who then brought the body to Dr. Ossman Abdel Hameed, the Medical Examiner of the Eastern Region, Kingdom of Saudi Arabia. It was alleged that Dr. Hameed conducted an autopsy on Danilo's remains and concluded that Danilo committed suicide by hanging himself.[6] Danilo's remains were repatriated to the Philippines where an autopsy was requested by Danilo's family. The autopsy was conducted by Dr. Maximo L. Reyes, a Medico-Legal Officer of the National Bureau of Investigation (NBI) and concluded that the cause of Danilo's death was Asphyxia by Strangulation, Ligature.[7] Dr. Reyes subsequently issued a Certification[8] dated December 27, 1994 clarifying that Danilo died of Asphyxia by strangulation which meant that somebody caused his death based on his autopsy findings. On August 24, 1994, respondent Bienvenido R. Hindang, brother of the deceased seaman Danilo, filed for death compensation benefits pursuant to the POEA Standard elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/40027 1/8

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