G.R. Nos. 182978-79
7 of 19
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/182978-79.htm
IQAMA IS NOT AN INSURANCE.
(THE COURT OF APPEALS) GRAVELY ERRED WHEN IT CONCLUDED THAT
THE DEATH OF JASMIN WAS WORK RELATED.
(THE COURT OF APPEALS) GRAVELY ERRED WHEN IT HELD BECMEN
LIABLE TO JASMINS BENEFICIARIES FOR THE REMAINDER OF HER 36-MONTH
CONTRACT COMPUTED IN THIS MANNER: MONTHLY SALARY OF US$246.67
MULTIPLIED BY 19 MONTHS, THE REMAINDER OF THE TERM OF JASMINS
EMPLOYMENT CONTRACT, IS EQUAL TO US$4,686.73.
(THE COURT OF APPEALS) GRAVELY ERRED WHEN IT HELD BECMEN
LIABLE TO PAY INTEREST AT THE LEGAL RATE FROM THE TIME IT WAS DUE
UNTIL FULLY PAID.
(THE COURT OF APPEALS) GRAVELY ERRED WHEN IT HELD BECMEN AND
WHITE FALCON JOINTLY AND SEVERALLY LIABLE WITH THE EMPLOYER
NOTWITHSTANDING THE ASSUMPTION OF LIABILITY EXECUTED BY WHITE
FALCON IN FAVOR OF BECMEN.
On the other hand, in G.R. Nos. 184298-99, the Cuaresmas raise the following issues:
(THE COURT OF APPEALS) GRAVELY ERRED IN APPLYING THE PROVISIONS
OF THE CIVIL CODE CONSIDERED GENERAL LAW DESPITE THE CASE BEING
COVERED BY E.O. 247, R.A. 8042 AND LABOR CODE CONSIDERED AS SPECIAL
LAWS.
(THE COURT OF APPEALS) GRAVELY ERRED IN NOT APPLYING THE
DECEASEDS FUTURE EARNINGS WHICH IS (AN) INHERENT FACTOR IN THE
COMPUTATION OF DEATH BENEFITS OF OVERSEAS FILIPINO CONTRACT
WORKERS.
(THE COURT OF APPEALS) GRAVELY ERRED IN REDUCING THE DEATH
BENEFITS AWARDED BY NLRC CONSIDERED FINDINGS OF FACT THAT CANNOT
BE DISTURBED THROUGH CERTIORARI UNDER RULE 65 OF THE RULES OF
COURT.
The issue for resolution is whether the Cuaresmas are entitled to monetary claims, by
way of benefits and damages, for the death of their daughter Jasmin.
The terms and conditions of Jasmins 1996 Employment Agreement which she and her
employer Rajab freely entered into constitute the law between them. As a rule, stipulations in
an employment contract not contrary to statutes, public policy, public order or morals have the
[18]
force of law between the contracting parties.
An examination of said employment
agreement shows that it provides for no other monetary or other benefits/privileges than the
following:
1/26/2016 3:50 PM