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751 Phil. 463
THIRD DIVISION
[ G.R. No. 206562, January 21, 2015 ]
UNICOL MANAGEMENT SERVICES, INC., LINK MARINE PTE. LTD.
AND/OR VICTORIANO B. TIROL, III, PETITIONERS, VS. DELIA
MALIPOT, IN BEHALF OF GLICERIO MALIPOT, RESPONDENT.
DECISION
PERALTA, J.:
This is a Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Civil
Procedure seeking the reversal of the Decision[1] dated October 29, 2012 and
Resolution[2] dated March 27, 2013 of the Court of Appeals (CA) in CA-G.R. SP No.
118451, which set aside the Decision[3] dated September 30, 2010 and Resolution[4]
dated December 30, 2010 of the National Labor Relations Commission (NLRC) denying
the award of death benefits to respondent.
The factual antecedents follow.
Respondent Delia Malipot is the surviving spouse of the deceased seaman Glicerio
Malipot (seaman Glicerio) with whom the latter has two minor children.
On July 16, 2008, seaman Glicerio was processed for hiring by petitioner Unicol
Management Services (petitioner Unicol), acting for and in behalf of its principal,
petitioner Link Marine Pte. Ltd. (petitioner Link Marine) for the vessel Heredia Sea as
Chief Engineer Officer with a monthly salary of $2,500.00 for a contract duration of four
(4) months.
Prior to his employment, seaman Glicerio was made to undergo a rigorous preemployment medical examination conducted by petitioners’ designated physicians and
was found fit to work physically and mentally.
On August 18, 2008, seaman Glicerio left the Philippines to join the vessel Heredia Sea.
In her complaint, respondent alleged that seaman Glicerio suffered emotional strain
when petitioners refused to allow him to go home and be with his family. As early as
November 16, 2008, seaman Glicerio already manifested his desire to end his contract
and gave petitioners enough time to secure his replacement. His request was relayed
by the Master of Heredia Sea to petitioners’ Port Captain. However, the Port Captain did
not allow seaman Glicerio to leave the vessel. The Port Captain also allegedly
threatened seaman Glicerio by telling him that once he leaves and sets his feet on
Philippine soil, he will immediately be arrested and will never be employed by any
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