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

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