6/7/2020
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SO ORDERED.[19]
The petitioners filed a motion for reconsideration, which the CA denied in its
Resolution[20] dated October 14, 2008. Undaunted, the petitioners filed the instant
petition assailing the ruling of the CA.
The Issue
The petitioners assign the sole issue to be resolved:
WHETHER OR NOT THE HONORABLE CA COMMITTED GRAVE ABUSE OF
DISCRETION IN GRANTING THE RESPONDENTS' PETITION FOR CERTIORARI
AND DENYING THE PETITIONERS' MOTION FOR RECONSIDERATION BY
REVERSING AND SETTING ASIDE THE NLRC DECISION IN AWARDING
DEATH BENEFITS UNDER THE POEA-SEC.[21]
Ruling of the Court
A careful perusal of the petition shows that it fundamentally assails the findings of the
LA, as affirmed by the CA, that the evidence on record is insufficient to establish the
petitioners' entitlement to death and burial benefits as a result of Rogelio's death. This
clearly involves a factual inquiry, the determination of which is the statutory function of
the labor tribunals.
As a general rule, it must be emphasized that this Court is not a trier of facts and a
petition for review on certiorari under Rule 45 of the Rules of Court must exclusively
raise questions of law.[22] In the exercise of its power of review, the findings of fact of
the CA are conclusive and binding on this Court and it is not our function to analyze or
weigh evidence all over again. It is a recognized exception, however, that when the
CA's findings are contrary to those of the NLRC, there is a need to review the records to
determine which of them should be preferred and more conformable to evidentiary
facts.[23]
In the present case, considering the conflicting findings of the LA and CA on one hand,
and the NLRC on the other, this Court is impelled to resolve the factual issues along
with the legal ones.
Essentially, the fundamental issue to be resolved in this petition is whether or not the
petitioners are entitled to death and burial benefits on account of Rogelio's death.
The Court rules in the negative.
In Masangcay v. Trans-Global Maritime Agency, Inc., et al.,[24] the Court held:
As with all other kinds of worker, the terms and conditions of a seafarers
employment is governed by the provisions of the contract he signs at the
time he is hired. But unlike that of others, deemed written in the seafarers
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