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.

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