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is hereby dismissed.
The application for issuance of a temporary restraining order and/or
preliminary mandatory injunction is hereby declared moot and academic.
The private respondent, Susana R. Sy, is hereby ordered to return to the
petitioners the full amount of Two Million Six Hundred Ninety-One Thousand
One Hundred Seventy-Three pesos and 10/100 (P2,691,173.10) pursuant to
her undertaking in the Conditional Satisfaction of Judgment with Urgent
Motion to Cancel Appeal Bond dated March 5, 2009 and Affidavit executed
by her also on March 5, 2009.[14]
In reversing the NLRC, the CA found AB Sy's death not work-related based on the
following evidence, to wit: (1) AB Sy was on a shore leave at the time of the incident;
(2) he was found dead by the police authorities in Indonesia and upon autopsy, the
cause of death was established as drowning; (3) he was intoxicated when he died due
to traces of alcohol in his urine; and (4) the Philippine government authorities, namely,
the Department of Foreign Affairs and the NBI, confirmed the cause of his death was
drowning. The CA said that under Section 20 (A) of POEA Memorandum Circular No. 9,
series of 2000, it was not sufficient to establish that AB Sy's death had occurred during
the term of his contract, but there must be a causal connection between his death and
the work for which he had been contracted. In this case, when AB Sy died, he was on a
shore leave and left the vessel, and his death neither occurred at his workplace nor
while performing an act within the scope of his employment.
Petitioner filed her Motion for Reconsideration, which the CA denied in a Resolution
dated February 26, 2010.
Hence, this petition where the sole issue raised is:
WHETHER OR NOT THE HONORABLE COURT OF APPEALS COMMITTED
GRAVE ABUSE OF DISCRETION IN GRANTING RESPONDENTS' PETITION
FOR
CERTIORARI
AND
DENYING
PETITIONER'S
MOTION
FOR
RECONSIDERATION BY REVERSING AND SETTING ASIDE THE NATIONAL
LABOR RELATIONS [COMMISSION'S] DECISION IN AWARDING DEATH
BENEFITS UNDER THE POEA STANDARD CONTRACT[15]
We find the petition devoid of merit.
The terms and conditions of a seafarer's employment is governed by the provisions of
the contract he signs with the employer at the time of his hiring, and deemed
integrated in his contract is a set of standard provisions set and implemented by the
POEA, called the Standard Terms and Conditions Governing the Employment of Filipino
Seafarers on Board Ocean-Going Vessels, which provisions are considered to be the
minimum requirements acceptable to the government for the employment of Filipino
seafarers on board foreign ocean-going vessels.[16] The issue raised of whether
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