G.R. Nos. 182978-79 3 of 19 http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/182978-79.htm [4] due to an apparent poisoning which is under investigation. Name: Jasmin Cuaresma Sex: Female Marital Status: Single Nationality: Philipino (sic) Religion: Christian Profession: Nurse Address: Al-Birk Genrl. Hospital Birth Place: The Philippines On 27.2.1419H, Dr. Tariq Abdulminnem and Dr. Ashoki Komar, both have examined the dead body of Jasmin Cuaresma, at 12.20 P.M., Sunday, 22.2.14189H, and the result was: 1. Report of the Police on the death 2. Medical Examination: Blue skin and paleness on the Extrimes (sic), total halt to blood circulation and respiratory system and brain damage. There were no external injuries. Likely poisoning by taking poisonous substance, yet not determined. There was a bad [5] smell in the mouth and unknown to us. (Emphasis supplied) Jasmins body was repatriated to Manila on September 3, 1998. The following day, the City Health Officer of Cabanatuan City conducted an autopsy and the resulting medical report indicated that Jasmin died under violent circumstances, and not poisoning as originally found by the KSA examining physician. The City Health Officer found that Jasmin had abrasions at her inner lip and gums; lacerated wounds and abrasions on her left and right ears; lacerated wounds and hematoma (contusions) on her elbows; abrasions and hematoma on her thigh and legs; intra-muscular hemorrhage at the anterior chest; rib fracture; puncture wounds; and abrasions on the labia minora of the vaginal area. [6] On March 11, 1999, Jasmins remains were exhumed and examined by the National Bureau of Investigation (NBI). The toxicology report of the NBI, however, tested negative for [7] non-volatile, metallic poison and insecticides. Simplicio and Mila Cuaresma (the Cuaresmas), Jasmins parents and her surviving heirs, received from the Overseas Workers Welfare Administration (OWWA) the following amounts: P50,000.00 for death benefits; P50,000.00 for loss of life; P20,000.00 for funeral expenses; and P10,000.00 for medical reimbursement. On November 22, 1999, the Cuaresmas filed a complaint against Becmen and its principal in the KSA, Rajab & Silsilah Company (Rajab), claiming death and insurance [8] benefits, as well as moral and exemplary damages for Jasmins death. In their complaint, the Cuaresmas claim that Jasmins death was work-related, having 1/26/2016 3:50 PM

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