6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
Consequently, Rogelio filed on April 6, 2000 a complaint against the respondents for
disability benefits with damages and attorney's fees.[12]
On April 28, 2000, however, Rogelio was admitted at the Philippine General Hospital for
lung cancer. He succumbed to his illness in July 2000. As a result of Rogelio's death, his
complaint was subsequently amended and his wife, Violeta Balba, and two children,
Roy and Vienna Gracia, were substituted as complainants.[13]
Ruling of the LA
On September 25, 2002, the LA dismissed the complaint after finding that Rogelio's
death was not compensable under the Philippine Overseas Employment Administration
Standard Employment Terms and Conditions Governing the Employment of Filipino
Seafarers on Board Ocean-Going Vessels (POEA-SEC).[14] Within the reglementary
period, the petitioners appealed to the NLRC.
Ruling of the NLRC
In a Decision dated December 28, 2004, the NLRC reversed the LA's Decision dated
September 25, 2002 and declared that Rogelio contracted his illness while on board the
vessel and during the existence of his contract.[15] The dispositive portion thereof
states:
WHEREFORE, in view of the foregoing, the appealed Decision is hereby
REVERSED and SET ASIDE and a new one ENTERED ordering respondents to
jointly and severally pay [the petitioners] the amount of US$60,000.00
representing the death benefits of [Rogelio] plus US$7,000.00 each for the
two minor children and US$1,000.00 as burial benefits or in a total amount
of US$75,000.00, plus 5% thereof as attorney's fees.
SO ORDERED.[16]
The respondents filed a motion for reconsideration but the same was denied in a
Resolution[17] dated December 22, 2005. Aggrieved, the respondents filed a petition
with the CA and alleged that there was grave abuse of discretion on the part of NLRC in
awarding benefits to the petitioners.
Ruling of the CA
On May 31, 2007, the CA issued a Decision[18] granting the petition. It declared that
the evidence on record is bereft of any proof linking Rogelio's cancer with his work as
chief cook. The dispositive portion of the CA's decision reads:
WHEREFORE, premises considered, the petition for certiorari is hereby
GRANTED. The assailed Decision dated December 28, 2004 and the
Resolution dated December 22, 2005 of the [NLRC] in NLRC NCR CA NO.
033946-02 (NLRC NCR OFW CASE NO. 00-04-0683-00) are hereby
REVERSED and SET ASIDE.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61878
2/8