THE CA DECISION
The respondents filed a petition for certiorari before the CA, docketed as
CA-G.R. SP No. 98719.
While the respondents’ petition was pending, the
petitioners moved for the execution of the NLRC resolutions.
Despite the
respondents’ opposition, the labor arbiter issued a writ of execution. To prevent the
execution of the NLRC’s judgment, the respondents agreed to pay the petitioners
P4,737,810.00, without prejudice to the outcome of their petition for certiorari
before the CA. The petitioners, in turn, agreed to desist from pursuing the
execution proceedings they initiated.15[15]
The CA reversed and set aside the NLRC resolutions.16[16] According to
the CA, death arising from a pre-existing illness is not compensable. Although
Eduardo was pronounced fit to work after undergoing the PEME, the CA declared
the PEME result unreliable to determine a person’s real state of health because a
PEME is not exploratory.
Thus, the CA held that the petitioners cannot be
compensated for Eduardo’s death because the latter did not disclose that he was
15[15] Id. at 167-170.
16[16] Id. at 21-27.