5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly (c) Ten (10%) percent of the total judgment award or US $18,700.00 as attorney's fees. SO ORDERED. Petitioners sought the reconsideration of the NLRC's decision, but the NLRC denied their motion in its Resolution dated August 29, 2014. Petitioners then turned to the CA, through a Petition for Certiorari, ascribing grave abuse of discretion on the part of the NLRC for finding that Buenaflor's death was compensable under the Masterbulk Agreement, and for awarding additional allowance to Buenaflor's minor children, and attorney's fees. On December 18, 2015, the CA, not finding grave abuse of discretion on the part of the NLRC in issuing the Decision dated July 30, 2014 and Resolution dated August 29, 2014, dismissed their Petition for Certiorari. The CA ruled that petitioners erred in claiming that at the time Buenaflor experienced the symptoms of his illness, his contract had already been terminated. The CA pointed out that in the certification issued by Magsaysay, Buenaflor signed off on March 25, 2013, the day of his repatriation. According to the CA, petitioners failed to explain why Buenaflor was still aboard its vessel on March 13, 2013 when his contract already ended in February 2013. The CA concluded that Buenaflor's employment contract transcended beyond the ninemonth period and his employment was extended. Thus, the CA ruled that the NLRC was correct in ruling that Buenaflor was still under petitioners' employ at the time he experienced the symptoms of his illness. On September 29, 2016, the CA likewise denied petitioners' Motion for Reconsideration for failing to raise any new matter that would merit the modification or reversal of its decision. On October 21, 2016, petitioners filed their Petition for Review on Certiorari where they asserted that the CA erred in finding respondents entitled to death benefits, additional allowance and attorney's fees. Petitioners maintain that under the Masterbulk CBA and even under the Philippine Overseas Employment Administration-Standard Employment Contract (POEA-SEC), a seafarer's death is compensable if it occurred during the term of his employment. They argued that Buenaflor's death is not compensable as it happened after the expiration of his employment contract. According to petitioners, since Buenaflor signed a nine-month long contract, such contract already terminated in February 2013, the ninth month following his embarkation on May 9, 2012. Thus, petitioners assert that when Buenaflor's illness manifested in March 2013 and when he died few months thereafter, his contract already ended and he was no longer under their employ. Petitioners further argue that Buenaflor's cause of death is not work-related, rendering him not entitled to disability benefits under the POEA-SEC. Petitioners posit that cancer is not necessarily work-related and may be caused by factors outside of one's work. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66498 3/12