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incident while the rest of the crewmembers, including Gudelosao and Tancontian,
perished.[8]
Respondents, as heirs and beneficiaries of Gudelosao and Tancontian, filed separate
complaints for death benefits and other damages against petitioner, TEMMPC, Capt.
Orbeta, TMCL, and SSSICI, with the Arbitration Branch of the National Labor Relations
Commission (NLRC).[9]
On August 5, 2004, Labor Arbiter (LA) Pablo S. Magat rendered a Decision[10] finding
solidary liability among petitioner, TEMMPC, TMCL and Capt. Orbeta. The LA also found
SSSICI liable to the respondents for the proceeds of the Personal Accident Policies and
attorney's fees. The LA, however, ruled that the liability of petitioner shall be deemed
extinguished only upon SSSICI's payment of the insurance proceeds. The dispositive
portion of the LA Decision reads:
WHEREFORE, premises considered, CAPT. OSCAR ORBETA, [TEMMPC],
[TMCL], and PHIL-NIPPON KYOEI CORPORATION are hereby directed
to pay solidarily the complainants as follows:
1. ROSALIA T.
GUDELOSAO:
2. CARMEN B.
TANCONTIAN:
3. CARMELA B.
TANCONTIAN:
4. BEVERLY B.
TANCONTIAN:
5. ACE B.
TANCONTIAN:
Death Benefits
Burial Expenses
10% atty's
[fees]
US$50,000
US$1,000
US$5,100
US$50,000
US$1,000
US$5,100
US$7,000
US$700
US$7,000
US$700
US$7,000
US$700
Further, respondent SOUTH SEA SURETY & INSURANCE CO., INC. is
hereby directed to pay as beneficiaries complainants ROSALIA T.
GUDELOSAO and CARMEN B. TANCONTIAN [P]3,240,000.00 each for
the proceeds of the Personal Accident Policy Cover it issued for each of the
deceased seafarers EDWIN C. GUDELOSAO and VIRGILIO A. TANCONTIAN
plus 10% attorney's fees thereof at [P]324,000.00 each thereof or a total of
[P]648,000.00.
Nevertheless, upon payment of said 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.
Any other claim is hereby dismissed for lack of merit.
SO ORDERED.[11]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62118
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