We are not blind to the needs of our seafarers who, when getting sick in the
line of duty, are given the run around by unscrupulous employers and manning
agencies. The instant case has spanned a dozen years with the disability indemnity
benefit not granted. Alas, the sad reality is that Romy B. Bastol succumbed to his
illness and died on December 13, 2009 of acute myocardial infarction and cannot
now enjoy the fruits of his long protracted struggle for what is right and what has
accrued to him.
WHEREFORE, premises considered, we DENY the instant petition for
lack of merit. The Decision dated August 12, 2008 and the Resolutions dated
January 7, 2007 and February 6, 2009 of the Court of Appeals in CA-G.R. SP No.
100090 are hereby AFFIRMED with MODIFICATION in that what is
REINSTATED therein is the January 31, 2003 Decision of Labor Arbiter.
Costs against petitioner.
SO ORDERED.
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