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697 Phil. 302
THIRD DIVISION
[ G.R. No. 166803, October 11, 2012 ]
CREWLINK, INC. AND/OR GULF MARINE SERVICES, PETITIONERS,
VS. EDITHA TERINGTERING, FOR HER BEHALF AND IN BEHALF OF
MINOR EIMAEREACH ROSE DE GARCIA TERINGTERING,
RESPONDENTS.
DECISION
PERALTA, J.:
This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court seeking
the reversal of the Decision[1] dated July 8, 2004 and Resolution[2] dated January 17,
2005 of the Court of Appeals (CA) in CA-G.R. SP No. 79966, setting aside the
Resolutions dated February 20, 2003[3] and July 31, 2003[4] of the National Labor
Relations Commission (NLRC), which affirmed in toto the Decision[5] dated February
12, 2002 of the Labor Arbiter.
The facts, as culled from the records, are as follows:
Respondent Editha Teringtering (Teringtering), spouse of deceased Jacinto Teringtering
(Jacinto), and in behalf of her minor child, filed a complaint against petitioner Crewlink,
Inc. (Crewlink), and its foreign principal Gulf Marine Services for the payment of death
benefits, benefit for minor child, burial assistance, damages and attorney's fees.
Respondent alleged that her husband Jacinto entered into an overseas employment
contract with Crewlink, Inc. for and in behalf of its foreign principal Gulf Marine
Services, the details of which are as follows:
Duration of Contract
Position
Basic Monthly Salary
Hours of Work
Overtime
Vacation Leave with pay
:
Point of Hire
:
:
:
:
:
:
12 months
Oiler
US $385.00
48 hrs/wk
US $115.50
1 mo. leave after
12 months
Manila, Philippines
xxxx
Teringtering claimed that before her husband was employed, he was subjected to a
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