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contended that at about 2:00 o’clock in the afternoon of June 28, 2001, Able Seaman
Gil Tamayo (AB Tamayo) saw Dennis jump overboard. Tamayo immediately informed
Third Officer Milan Crnogorac who sounded the man-overboard alarm – seven short
blasts, followed by one long blast.
The Master of the vessel immediately ordered a life ring thrown into the water and put
into motion the vessel’s man-overboard maneuver by turning the vessel to a reciprocal
course on her starboard side. Fitter Rolando Moreno (Moreno) was ordered to keep an
eye on Dennis with the use of binoculars. Allegedly, Moreno saw Dennis floating on his
back, making no effort to swim towards the life ring. He then saw Dennis sink in the
water and disappear from sight despite the effort to rescue him by a team led by the
Chief Officer. At 5:15 p.m., with the horizon darkening and the temperature remarkably
dropping, the search and rescue effort was called off.
Agile notified Apolinario of Dennis’ death through a letter dated July 30, 2001.[11] With
the assistance of a counsel and the ITF, Apolinario demanded death and burial benefits,
Dennis’ accrued salary and leave pay from the petitioners who turned down the claim,
particularly for death benefits under the CBA.[12] This refusal led to the filing of the
complaint.
The Compulsory Arbitration Rulings
In his decision[13] of January 12, 2004, Labor Arbiter (LA) Edgardo M. Madriaga
(Madriaga) dismissed the complaint for lack of cause of action. LA Madriaga found that
Dennis – saddled by heavy personal and psychological problems – took his own life by
jumping overboard.
On Apolinario’s appeal, the National Labor Relations (NLRC) affirmed LA Madriaga’s
ruling in its resolution dated January 24, 2007.[14] It found no sufficient justification to
disturb the appealed decision. Apolinario moved for reconsideration, but the NLRC
denied the motion. The denial prompted Apolinario to elevate the case to the CA
through a petition for certiorari under Rule 65 of the Rules of Court.
The CA Proceedings
Apolinario charged that the NLRC gravely abused its discretion when it affirmed LA
Madriaga’s finding that Dennis took his own life and thus is not entitled to death
benefits. He decried the NLRC’s “narrow-minded view of the incident;” it failed to
consider that “days prior to his death, Dennis was already afflicted with mental
disability and could not be blamed for jumping overboard.”[15] Apolinario also assailed
the NLRC’s failure to apply the jurisprudential principle that self-destruction is not
presumed.
The CA Decision
The CA partially granted the petition. It reversed the labor tribunal’s dismissal of the
complaint and awarded Apolinario Sixty Thousand United States dollars
(US$60,000.00) as death benefits, but denied his claim for damages. It sustained
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57997
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