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616 Phil. 758
THIRD DIVISION
[ G.R. No. 183646, September 18, 2009 ]
GREAT SOUTHERN MARITIME SERVICES CORP. AND IMC SHIPPING
CO., PTE. LTD., PETITIONERS, VS. LEONILA SURIGAO FOR HERSELF
AND IN BEHALF OF HER MINOR CHILDREN, PROMULGATED:
NAMELY KAYE ANGELI AND MIRIAM, BOTH SURNAMED SURIGAO,
RESPONDENTS.
DECISION
YNARES-SANTIAGO, J.:
Assailed in this petition for review on certiorari is the Decision[1] of the Court of
Appeals in CA-G.R. SP No. 100113 dated February 14, 2008, which reversed the
Decision and Resolution of the National Labor Relations Commission (NLRC) for having
been issued with grave abuse of discretion amounting to lack or excess of jurisdiction,
and reinstated the Decision of the Labor Arbiter finding the death of Salvador M.
Surigao as compensable. Also assailed is the Resolution[2] dated July 8, 2008 denying
the motion for reconsideration.
The facts as correctly summarized by the appellate court are as follows:
[Respondent Leonila Surigao's] husband, the late Salvador M. Surigao, was
hired as Fitter by [petitioner] Great Southern Maritime Services Corporation,
for and in behalf of [co-petitioner] IMC Shipping Co. Pte., Ltd. (Singapore)
for a period of ten (10) months. In his pre-employment medical
examination, he was found fit for sea duty. Thus, on April 29, 2001, he
commenced his work aboard MV Selendang Nilam.
However, on August 22, 2001, as per Ship Master's advice, a doctor was
sent on board the vessel to medically attend to Salvador due to complaints
of extensive neuro dermatitis, neck region viral, aetiology, urticaria, maculo
popular, rash extending to the face, chest and abdomen. After examination,
Salvador was advised to take a blood test. His condition having worsened,
he was confined at the Seven Hills Hospital. Not long thereafter, the Ship
Master decided to sign him off from the vessel on August 25, 2001 for
treatment in the hospital and for repatriation upon certification of the doctor
that he was fit to travel.
Prior to his repatriation, though, or on August 26, 2001, at around seven
o'clock in the morning, Salvador was found dead inside the bathroom of his
hospital room. Later, his body was transferred to a government hospital, the
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