E-Library - Information At Your Fingertips: Printer Friendly
1 of 18
http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57858
745 Phil. 252
FIRST DIVISION
[ G.R. No. 190161, October 13, 2014 ]
ANITA N. CANUEL, FOR HERSELF AND ON BEHALF OF HER MINOR
CHILDREN, NAMELY: CHARMAINE, CHARLENE, AND CHARL
SMITH, ALL SURNAMED CANUEL, PETITIONERS, VS. MAGSAYSAY
MARITIME CORPORATION, EDUARDO U. MANESE, AND KOTANI
SHIPMANAGEMENT LIMITED, RESPONDENTS.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated May 19,
2009 and the Resolution[3] dated October 30, 2009 of the Court of Appeals (CA) in
CA-G.R. SP. No. 104479 which dismissed petitioners’ complaint for death benefits.
The Facts
On July 14, 2006, Nancing R. Canuel (Nancing) was hired by respondent Magsaysay
Maritime Corporation (Magsaysay) as Third Assistant Engineer for its foreign
principal, respondent Kotani Shipmanagement Limited (Kotani), to be deployed on
board the vessel M/V North Sea (vessel) for a period of twelve (12) months, with a
basic salary of US$640.00 a month.[4] He underwent the required pre-employment
medical examination, and was declared fit to work by the company-designated
physician.[5] Thereafter, he joined the vessel and commenced his work on July 19,
2006.[6]
On February 20, 2007, Nancing figured in an accident while in the performance of
his duties on board the vessel, and, as a result, injured the right side of his body.[7]
On March 5, 2007, he was brought to Shanghai Seamen’s Hospital in Shanghai,
China where he was diagnosed to have suffered “bilateral closed traumatic
hemothorax.”[8] On March 12, 2007, Nancing informed his wife, herein petitioner
Anita N. Canuel (Anita), about the accident and his confinement.[9] On March 24,
2007, he was medically repatriated and immediately admitted to the Manila Doctor’s
Hospital under the care of a team of medical doctors led by Dr. Benigno A. Agbayani,
Jr., Magsaysay’s Medical Coordinator.[10] Due to his worsening condition, Nancing
was placed at the hospital’s intensive care unit on April 8, 2007.[11] He eventually
died on April 25, 2007.[12] Nancing’s death certificate[13] indicated the immediate
cause of his death as acute respiratory failure, with lung metastasis and r/o bone
cancer as antecedent cause and underlying cause, respectively.
3/27/2020, 12:51 PM