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Karapatan,[12] releasing Tankoil and Inter-Orient from any claim arising from the
appendicitis and inguinal hernia he suffered.
A month later, Joselito was diagnosed to have suspected “malignant cells that may also
be reactive mesothelial cells,”[13] and thereafter found to have testicular tumor[14]
(cancer of the testes[15]), abdominal germ cell tumor,[16] metastatic carcinoma to the
lungs and pleural effusion.[17] Thus, on August 11, 2003, Joselito, again accompanied
by representatives from petitioner Inter-Orient, filed another complaint[18] for medical
benefits before the NLRC – San Pablo City. Similarly, on even date, Joselito sought for
the dismissal[19] of his complaint in consideration of the amount of P77,000.00 and
executed a Receipt and Release,[20] releasing Tankoil and Inter-Orient from any claim
arising from his employment. In both complaints, orders of dismissal were issued.
On October 9, 2003, Joselito passed away. His death certificate[21] listed the following
causes:
Immediate Cause: RESPIRATORY FAILURE
Antecedent Cause: PULMONARY METASTASIS
Underlying Cause: GERM CELL TUMOR
Other
Significant
Conditions
Contributing
to
Death:
PNEUMONIA
Respondent Cristina sent a Letter[22] dated December 17, 2003 to petitioner InterOrient, demanding payment of death benefits but her pleas fell on deaf ears. As such,
Cristina filed a complaint for death and other monetary benefits against petitioners
before the NLRC-NCR.
In her complaint, respondent Cristina alleged that Joselito did not receive any sickness
benefit or medical assistance from petitioners other than those subject of the release
documents which were paid only after Joselito complied with the requirement of filing
his complaints. While admitting that Joselito was not coerced into signing the release
documents, Cristina averred that he was constrained by his physical and financial
condition to accept the measly amount offered by petitioners. Further, Cristina claimed
that Joselito’s death was due to an illness contracted during the latter’s employment
and thus, she is entitled to death compensation, burial assistance, moral and
exemplary damages, and attorney’s fees.
For their part, petitioners claimed that Cristina’s complaint is barred by res judicata or
the filing of the two previous complaints by Joselito, which were dismissed upon his
motion, and the accompanying release documents the latter executed.
The Ruling of the Labor Arbiter
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55976
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