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725 Phil. 590
SECOND DIVISION
[ G.R. No. 191215, February 03, 2014 ]
THENAMARIS PHILIPPINES, INC. (FORMERLY INTERMARE
MARITIME AGENCIES, INC.)/ OCEANIC NAVIGATION LTD. AND
NICANOR B. ALTARES, PETITIONERS, VS. COURT OF APPEALS AND
AMANDA C. MENDIGORIN (IN BEHALF OF HER DECEASED
HUSBAND GUILLERMO MENDIGORIN), RESPONDENTS.
DECISION
DEL CASTILLO, J.:
This Petition for Certiorari filed under Rule 65 of the Rules of Court assails the
Resolution[1] dated November 20, 2009 of the Court of Appeals (CA) in CA-G.R. SP No.
110808 for allegedly having been issued with grave abuse of discretion amounting to
lack or excess of jurisdiction. The CA, through the said Resolution, entertained private
respondent’s Petition for Certiorari[2] despite having been filed 15 days late and allowed
her to correct the technical infirmities therein. Also assailed is the CA’s February 10,
2010 Resolution[3] denying petitioners’ Motion for Reconsideration with Prayer to
Dismiss[4] and giving private respondent another chance to cure the remaining
deficiencies of the petition.
Factual Antecedents
This case stemmed from a complaint for death benefits, unpaid salaries, sickness
allowance, refund of medical expenses, damages and attorney’s fees filed by Amanda
C. Mendigorin (private respondent) against petitioner Thenamaris Philippines, Inc.,
formerly Intermare Maritime Agencies, Inc./Oceanic Navigation Ltd., (Thenamaris),
represented by its general manager, Capt. Nicanor B. Altares (petitioner), filed with the
Labor Arbiter (LA). Private respondent is the widow of seafarer Guillermo M. Mendigorin
(Guillermo) who was employed by Thenamaris for 27 years as an oiler and eventually,
as second engineer in the latter’s vessels. Guillermo was diagnosed with and died of
colon cancer during the term of the employment contract between him and
Thenamaris.
Ruling of the Labor Arbiter
Ultimately, the LA promulgated his Decision[5] dated January 29, 2008 in favor of
private respondent. Thus:
WHEREFORE, the foregoing considered, judgment is hereby rendered in
favor of the complainant [herein private respondent] and finding
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