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All other claims are dismissed.
SO ORDERED.[6]
On October 7, 2009, petitioners appealed before the NLRC.
On September 30, 2010, the NLRC reversed and set aside the decision of the Labor
Arbiter and dismissed respondent’s complaint for lack of merit.
It its Decision, the NLRC ruled that petitioners have clearly shown that seaman
Glicerio’s death was due to suicide and that the same is not compensable under the
POEA Employment Contract. Thus:
As such, there being no evidence to the contrary, We find that Glicerio
Malipot in fact committed suicide. The Labor Arbiter thus seriously erred in
ruling that there is no certainty as to the cause of Glicerio’s death when the
above documents clearly provided otherwise. In the same Great Southern
Maritime case, the Supreme Court noted:
Indeed, we are not unaware of our ruling in Becmen Service Exporter and
Promotion, Inc. v. Cuaresma, where we held that Jasmin Cuaresma, also an
overseas Filipino worker, did not commit suicide; that Filipinos are resilient
people, willing to take on sacrifices for the good of their family; and that we
do not easily succumb to hardships and difficulties. Nevertheless, the
circumstances prevailing in said case are totally different from this case. In
Becmen, the postmortem examination and the police report did not state
with specificity that poisoning or suicide was the cause of Jasmin‘s death. In
fact, both reports mentioned that the cause of death of Jasmin was still
under investigation. In contrast, the postmortem examination and the police
report in this case, categorically mentioned that Salvador died of asphyxia
due to hanging. It was also shown that no other individual could have
caused the death of Salvador because the bathroom door was locked or
bolted from the inside and could not be opened from the outside.
xxxx
As such, herein [respondent] is not entitled to any death benefits nor to
attorney’s fees.
WHEREFORE, the appealed Decision is hereby REVERSED and SET ASIDE.
Another one entered DISMISSING the instant complaint for lack of merit.
SO ORDERED.[7]
Respondent filed a Motion for Reconsideration. However, the same was denied and the
dismissal of the claim for death benefits was affirmed by the NLRC in a Resolution
dated December 30, 2010.
Accordingly, respondent filed a certiorari petition before the CA alleging that the NLRC
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