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756 PHIL. 14
THIRD DIVISION
[ G.R. No. 183212, March 16, 2015 ]
WALLEM PHILIPPINES SERVICES, INC. AND WALLEM SHIP
MANAGEMENT, LTD., PETITIONERS, VS. HEIRS OF THE LATE PETER
PADRONES, RESPONDENTS.
DECISION
PERALTA, J.:
Before the Court is a petition for review on certiorari assailing the Decision[1] and
Resolution[2] of the Court of Appeals (CA), dated August 17, 2007 and May 19, 2008,
respectively, in CA-G.R. SPNo. 94357.
The factual and procedural antecedents of the case are as follows:
Peter Padrones (Padrones) was employed as a "motorman" by petitioners on board the
vessel M/V "Spirit" from December 30, 1998 to November 23, 1999.[3] He finished his
contract and was repatriated to the Philippines after completion thereof.
On April 25, 2001, Padrones died of cardio-respiratory arrest brought about by
complications of lung cancer.[4] Thereafter, or on July 18, 2001, herein respondents,
filed with the National Labor Relations Commission (NLRC) a Complaint[5] against
herein petitioners for recovery of death benefits, exemplary and moral damages, child
allowance, burial expenses and attorney's fees arising from the death of Padrones. In
their Position Paper,[6] respondents alleged that Padrones' death is compensable
because the cause of such death was aggravated by tuberculosis, an illness which he
acquired during the existence of his contract.
On October 30, 2003, the Labor Arbiter (LA) handling the case rendered judgment in
favor of herein respondents. The dispositive portion of the LA's Decision reads:
WHEREFORE, premises considered, judgment is hereby rendered directing
respondents Wallem Maritime Services, Inc. and Wallem Ship Management
Ltd. to pay the complainants heirs of Peter Padrones, jointly and solidarity
the sum of US$65,000.00 equivalent to death benefits under the POEA
Standard Employment Contract, and attorney's fees [equivalent] to ten
percent (10%) of the award as well as dismissing the prayer for damages for
lack of merit.
The award is payable in Philippine peso at the rate of exchange prevailing at
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