G.R. Nos. 182978-79
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/182978-79.htm
DECISION
YNARES-SANTIAGO, J.:
[1]
These consolidated petitions assail the Amended Decision
of the Court of Appeals
dated May 14, 2008 in CA-G.R. SP No. 80619 and CA-G.R. SP No. 81030 finding White
Falcon Services, Inc. and Becmen Service Exporter and Promotion, Inc. solidarily liable to
indemnify spouses Simplicio and Mila Cuaresma the amount of US$4,686.73 in actual
damages with interest.
On January 6, 1997, Jasmin Cuaresma (Jasmin) was deployed by Becmen Service
[2]
Exporter and Promotion, Inc. (Becmen) to serve as assistant nurse in Al-Birk Hospital in the
Kingdom of Saudi Arabia (KSA), for a contract duration of three years, with a corresponding
salary of US$247.00 per month.
Over a year later, she died allegedly of poisoning.
Jessie Fajardo, a co-worker of Jasmin, narrated that on June 21, 1998, Jasmin was found
dead by a female cleaner lying on the floor inside her dormitory room with her mouth foaming
[3]
and smelling of poison.
Based on the police report and the medical report of the examining physician of the
Al-Birk Hospital, who conducted an autopsy of Jasmins body, the likely cause of her death was
poisoning. Thus:
According to letter No. 199, dated 27.2.1419H, issued by Al-Birk Police Station, for
examining the corpse of Jasmin Cuaresma, 12.20 P.M. 27.2.1419H, Sunday, at Al-Birk
Hospital.
1. The Police Report on the Death
2. The Medical Diagnosis
Sex: Female Age: 25 years Relg: Christian
The said person was brought to the Emergency Room of the hospital; time 12.20 P.M.
and she was unconscious, blue, no pulse, no respiration and the first aid esd undertaken
but without success.
3. Diagnosis and Opinion: Halt in blood circulation respiratory system and brain damage
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