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6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly as a deterrent against or as a negative incentive to curb socially deleterious actions. While exemplary damages cannot be recovered as a matter of right, they need not be proved, although plaintiff must show that he is entitled to moral, temperate, or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence.[81] Thus, apart from the CA's grant of moral damages in the amount of P300,000.00, we deem it apt to award exemplary damages in the amount of P100,000.00. In furtherance thereof, we also grant attorney's fees valued at 10% of the total monetary award in favor of Doroteo's heirs.[82] WHEREFORE, the petition in G.R. No. 184932 is DENIED. The petition in G.R. No. 184917 is PARTLY GRANTED. Respondents Philimare, Inc., Bonifacio F. Gomez, and Fil Cargo Shipping Corp. are declared LIABLE for MORAL DAMAGES in the amount of THREE HUNDRED THOUSAND PESOS (P300,000.00), EXEMPLARY DAMAGES in the amount of ONE HUNDRED THOUSAND PESOS (P100,000.00), and 10% of the total monetary award in ATTORNEY'S FEES, and DIRECTED to pay the heirs of petitioner Jessie M. Doroteo the total amount immediately. SO ORDERED. Leonardo-De Castro, Del Castillo, Perlas-Bernabe, and Caguioa, JJ., concur. [1] Rollo (G.R. No. 184917), p. 5. [2] Id. at 605-616, 697-698; Penned by Justice Magdangal M. De Leon, with Justices Josefina Guevara-Salonga and Normandie B. Pizzaro concurring. [3] Id. at 551-558; Penned by Commissioner Tito F. Genilo, Commissioner Lourdes C. Javier and Gregorio O. Bilog, III concurring. with Presiding [4] with Presiding Id. at 582-583; Penned by Commissioner Tito F. Genilo, Commissioner Lourdes C. Javier and Gregorio O. Bilog, III concurring. [5] Id. at 616. [6] Id. at 264-274; Penned by Labor Arbiter Florentino R. Darlucio. [7] Id. at 265. [8] Id. [9] Id. [10] Id. [11] Id. at 88. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62954 9/13

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Jessie M. Doroteo (Deceased), represented by his sister, Lucida D. Hermis vs. Philimare Incorporated, Bonifacio Gomez, and/or Fil Cargo Shipping Corp./Philimare Incorporated, Bonifacio Gomez, and/or Fil Cargo Shipping Corp. vs. Jessie M. Doroteo (Deceased)

Jurisprudence

Case number: G.R. No. 184917

Division: PH Supreme Court First Division

Date of decision: Mar 13, 2017

Year of decision: 2017

Nature of the case: LIABILITIES OF THE EMPLOYER WHEN THE SEAFARER SUFFERS INJURY OR ILLNESS DURING THE TERM OF HIS/HER CONTRACT

MRO Case Type

Appeal to the NLRC
Award of moral and exemplary damages and attorney’s fees
Claim of compensation and benefits
Disabilities
Joint and solidary liability of agency and employer
Liabilities of the employer when the seafarer suffers injury or illness during the term of his/her contract
Requirements for compensability

Summary of outcome: The Court found no correlation between the throat cancer which the deceased seafarer, Doroteo, had acquired and his working conditions. Based on the evidence presented, the Court could not reasonably conclude that his work as an engineer in the engine room led to his throat cancer. As such, the Court denied his claim for disability.

Nevertheless, the Court found that Philimare failed to rebut Doroteo's allegation that on several instances, he was refused medical attention by the ship master. Philimare did not extend any help to its dying seaman while he was under its employ, and prior to his death. The Court declared this to be a case of gross negligence, tantamount to bad faith. Philimare violated the provisions of the Labor Code, as well as the Civil Code provisions on the exercise of rights in good faith. Hence, the Court awarded moral and exemplary damages in favor of Doroteo's heirs.

Observatory: Migrant Workers Rights

Affected Sector

Contractual Employee
Migrant Worker / Former Migrant Worker

Keywords

Right to social justice and human rights

Ponente: SERENO, CJ.

Notes: On several instances, the deceased was refused medical attention by the ship master. These happened upon their arrival at the Caribbean (where he requested for a medical check-up at the hospital but was refused by the ship master) and Denmark (where his request for medicine was denied due to a lack of antibiotics). Upon repatriation, the company physician had also asked him to pay the sum of P200,000.00, prior to rendering treatment, showing disregard of his conditions.

Geolocation 1

Latitude: 14.580419

Longitude: 120.981478

: Geolocation 1

Primary Documents

2017_G.R. No. 184917_March.pdf
English
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Commission on Human Rights

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Jessie M. Doroteo (Deceased), represented by his sister, Lucida D. Hermis vs. Philimare Incorporated, Bonifacio Gomez, and/or Fil Cargo Shipping Corp./Philimare Incorporated, Bonifacio Gomez, and/or Fil Cargo Shipping Corp. vs. Jessie M. Doroteo (Deceased)

Primary Documents

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