6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly 784 Phil. 501 THIRD DIVISION [ G.R. No. 184933, April 13, 2016 ] VIOLETA BALBA, FOR AND IN BEHALF OF HER MINOR CHILDREN ROY VINCE AND VIENNA GRACIA, BOTH SURNAMED BALBA, PETITIONERS, VS. TIWALA HUMAN RESOURCES, INC., AND/OR TOGO MARITIME CORP., RESPONDENTS. DECISION REYES, J.: Before this Court is a petition for review on certiorari[1] under Rule 45 of the Rules of Court, filed by the legal heirs (collectively referred to as the petitioners) of the late Rogelio Balba (Rogelio), seeking to annul and set aside the Decision[2] dated May 31, 2007 and the Resolution[3] dated October 14, 2008 of the Court of Appeals (CA) in CAG.R. SP No. 93606. The CA reversed the Decision[4] dated December 28, 2004 and Resolution[5] dated December 22, 2005 of the National Labor Relations Commission (NLRC), in NLRC NCR CA No. 033946-02, and reinstated the Decision[6] dated September 25, 2002 of the Labor Arbiter (LA), in NLRC NCR OFW Case No. 00-040683-00, which dismissed the claim of Rogelio for disability benefits for lack of merit. Statement of Facts Sometime in 1998, Rogelio entered into a 10-month contract of employment with Tiwala Human Resources, Inc. for its foreign principal, Togo Maritime Corporation (respondents), wherein he was employed as chief cook on board the vessel M/V Giga Trans.[7] He was declared fit for work in his pre-employment medical examination and boarded the vessel M/V Giga Trans on November 13, 1998.[8] Upon the expiration of his contract, Rogelio was repatriated to the Philippines in October 1999.[9] From October to November 1999, Rogelio was treated by Dr. Benito Dungo (Dr. Dungo) for weakness and numbness of his left half body and lower extremities and was diagnosed to be suffering from moderately severe diabetes.[10] In 2000, Rogelio was confined at the Seamen's Hospital and was found to have metastatic cancer. As such, he sought disability compensation and benefits from the respondents but these were denied.[11] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61878 1/8

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