6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 758 Phil. 382 SECOND DIVISION [ G.R. No. 196357, April 20, 2015 ] THE HEIRS OF THE LATE DELFIN DELA CRUZ, REPRESENTED BY HIS SPOUSE, CARMELITA DELA CRUZ, PETITIONERS, VS. PHILIPPINE TRANSMARINE CARRIERS, INC., REPRESENTED BY MR. CARLOS C. SALINAS AND/OR TECTO BELGIUM N.V., RESPONDENTS. DECISION DEL CASTILLO, J.: This Petition for Review on Certiorari[1] assails the June 18, 2010 Decision[2] of the Court of Appeals (CA) in CA-G.R. SP No. 105930 dismissing the petition for certiorari filed therewith and affirming the January 23, 2007 Decision[3] of the National Labor Relations Commission (NLRC) in OFW (M) 03-12-3155-00 (CA No. 046453-05). Said NLRC Decision reversed and set aside the Labor Arbiter's May 30, 2005 Decision[4] which, in turn, granted the late Delfin Dela Cruz's (Delfin) claims for sickness allowance and disability benefits filed against respondents Philippine Transmarine Carriers, Inc. and/or Tecto Belgium N.V. (respondents). Also assailed in this petition is the CA's March 29, 2011 Resolution[5] denying the Motion for Reconsideration[6] filed by the heirs of Delfin (petitioners). Factual Antecedents The facts, as summarized by the CA in its assailed Decision, are as follows: The late Delfin Dela Cruz was contracted for the position of [Oiler] by x xx Philippine Transmarine Carriers[,] Inc., a local manning agent for and in behalf of the latter's principal, Tecto Belgium N.V.[,] under the following terms and conditions as provided for in the Contract of Employment: Duration of contract Position Basic Monthly Salary Hours of Work Overtime Vacation Leave w/ Pay Point of Hire elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60112 - 9 months OILER $535.00 per month 44 hours per week $298/month fixed overtime US$3.50/hour after 85 hours - 8 days/month with Seniority Bonus US$7.50/month - Manila, Philippines 1/16

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