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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
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