3/27/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 2/13

Select target paragraph3