Heirs of Aniban vs NLRC : 116354
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http://sc.judiciary.gov.ph/jurisprudence/1997/dec1997/116354.htm
FIRST DIVISION
[G.R. No. 116354. December 4, 1997]
HEIRS OF THE LATE R/O REYNALDO ANIBAN represented by BRIGIDA P.
ANIBAN, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION,
PHILIPPINE TRANSMARINE CARRIERS, INC., NORWEGIAN SHIP
MANAGEMENT, INC. A/S, and PIONEER INSURANCE AND SURETY
CORPORATION, respondents.
DECISION
BELLOSILLO, J.:
BRIGIDA P. ANIBAN representing the heirs of the late Reynaldo Aniban assails the decision
of the National Labor Relations Commission (NLRC), [1] reversing that of the Philippine
Overseas Employment Administration (POEA) which ruled that myocardial infarction was an
occupational decease in the case of radio operator Reynaldo Aniban and awarded, aside from
attorney's fees of US$6,700.00, a total of US$67,000.00 in death benefits to his heirs:
US$13,000.00 for death benefits under the POEA Standard Employment Contract;
US$30,000.00 for death benefits under the Collective Bargaining Agreement; and,
US$24,000.00 as additional compensation for his three (3) children under eighteen (18) years of
age at US$8,000.00 each, [2] as well as denying the motion for its reconsideration. [3]
Reynaldo Aniban was employed by the Philippine Transmarine Carriers, Inc.
(TRANSMARINE) acting in behalf of its foreign principal Norwegian Ship Management A/S
(NORWEGIAN) [4] as radio operator (R/O) on board the vessel "Kassel" for a contract period of
nine (9) to eleven (11) months. On 26 June 1992, or during the period of his employment, R/O
Aniban died due to myocardial infarction. [5] He was survived by a pregnant wife and three (3)
minor children who prayed for death benefits provided under par. (1) of the POEA Standard
Employment Contract thus 1. In case of death of the seaman during the term of his contract, the employer shall pay his
beneficicaries the Philippine currency equivalent to the amount of: x x x x b. US$13,000.00 for
other officers including radio operators and master electricians.
A claim was also made for additional death benefits under the Collective Bargaining Agreement
executed between Associated Marine Officers and Seamen's Union of the Philippines and
NORWEGIAN represented by TRANSMARINE, to wit:
Article 11
Compensation for loss of Life
Death caused by an Occupational Injury or Disease. - In the event of death of an officer due to
an occupational injury or disease while serving on board, while travelling to and from the vessel
on Company's business or due to marine peril, the Company will pay his beneficiaries a
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