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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]
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