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(now the NLRC) is vested with quasi-judicial powers over all cases, including money
claims, involving employer-employee relations arising out of or by virtue of any law or
contract involving Filipino workers for overseas employment.[63] Here, the award of the
insurance proceeds arose out of the personal accident insurance procured by petitioner
as the local principal over the deceased seafarers who were Filipino overseas workers.
The premiums paid by petitioner were, in actuality, part of the total compensation paid
for the services of the crewmembers.[64] Put differently, the labor of the employees is
the true source of the benefits which are a form of additional compensation to them.
Undeniably, such claim on the personal accident cover is a claim under an insurance
contract involving Filipino workers for overseas deployment within the jurisdiction of
the NLRC.
It must also be noted that the amendment under Section 37-A of the Migrant Workers
and Overseas Filipinos Act of 1995 on Compulsory Insurance Coverage does not apply.
The amendment requires the claimant to bring any question or dispute in the
enforcement of any insurance policy before the Insurance Commission for mediation or
adjudication. The amendment, however, took effect on May 8, 2010 long after the
Personal Accident Policies in this case were procured in 2003. Accordingly, the NLRC
has jurisdiction over the claim for proceeds under the Personal Accident Policies.
In any event, SSSICI can no longer assail its liability under the
Policies. SSSICI failed to file a motion for reconsideration on the
Resolution dated April 24, 2008, the CA certified in a Partial Entry of
CA Decision with respect to SSSICI has become final and executory
Personal Accident
CA Decision. In a
Judgment that the
and is recorded in
the Book of Entries of Judgments.[65] A decision that has acquired finality becomes
immutable and unalterable. This quality of immutability precludes the modification of a
final judgment, even if the modification is meant to correct erroneous conclusions of
fact and law. This holds true whether the modification is made by the court that
rendered it or by the highest court in the land. Thus, SSSICI's liability on the Personal
Accident Policies can no longer be disturbed in this petition.
SSSICI's liability as insurer under the Personal Accident Policies is direct.
We, however, find that the CA erred in ruling that "upon payment of [the insurance]
proceeds to said widows by respondent SOUTH SEA SURETY & INSURANCE CO., INC.,
respondent PHIL-NIPPON CORPORATION'S liability to all the complainants is deemed
extinguished."[66]
This ruling makes petitioner's liability conditional upon SSSICI's payment of the
insurance proceeds. In doing so, the CA determined that the Personal Accident Policies
are casualty insurance, specifically one of liability insurance. The CA determined that
petitioner, as insured, procured from SSSICI the Personal Accident Policies in order to
protect itself from the consequences of the total loss of the vessel caused by the perils
of the sea. The CA found that the liabilities insured against are all monetary claims,
excluding the benefits under the POEA-SEC, of respondents in connection with the
sinking of the vessel.
We rule that while the Personal Accident Policies are casualty insurance, they do not
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