6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly and maintained that at the time Ildefonso died on July 2, 2005, the latter was no longer an employee of the petitioners as he voluntarily terminated his employment contract with the petitioners when, on April 9, 2005, Ildefonso requested for a leave and preterminated his contract. Thus, he disembarked from the vessel on May 21, 2005. They also alleged that in the early part of June 2005, Ildefonso reported at petitioner's office applying for a new employment and requested that he be lined up for another vessel. Accordingly, he was advised to undergo the usual pre-employment medical examination before considering his request. Petitioners were then surprised when they learned about Ildefonso's passing. The Labor Arbiter,[2] on September 20, 2006, dismissed the complaint for lack of merit. [3] Thus, respondent filed her appeal with the National Labor Relations Commission (NLRC)[4] in which the latter affirmed the decision of the Labor Arbiter on January 24, 2008.[5] Undaunted, respondent filed a petition for certiorari under Rule 65 of the Revised Rules of Court with the CA. The CA granted her petition, thus: WHEREFORE, the petition is GRANTED. The Resolutions dated January 24, 2008 and March 31, 2008 of the National Labor Relations Commission are REVERSED and SET ASIDE. Private respondents One Shipping Corporation and One Shipping Kabushiki Kaisha/Japan are hereby ordered to jointly and severally pay the following death benefits to petitioner Imelda C. Peñafiel: US$50,000.00 for herself and US$21,000.00 for her three (3) minor children. The private respondents are likewise directed to solidarily pay petitioner US$1,000.00 as burial expenses. No costs. SO ORDERED. The motion for reconsideration having been denied, petitioners come to this Court raising the following issues: ASSIGNMENT OF ERRORS I WITH ALL DUE RESPECT, THE HONORABLE COURT OF APPEALS COMMITTED A SERIOUS ERROR IN LAW AND JURISPRUDENCE WHEN IT REVERSED AND SET ASIDE THE TWIN RESOLUTIONS OF THE NLRC DATED JANUARY 24, 2008 AND MARCH 31, 2008 DESPITE THE FACT THAT SAID RESOLUTIONS HAVE ATTAINED FINALITY. II THE HONORABLE COURT OF APPEALS GRAVELY ERRED IN GRANTING RESPONDENT'S PETITION FOR CERTIORARI WITHOUT SHOWING THAT THE HONORABLE NLRC ACTED WITH GRAVE ABUSE OF DISCRETION, AMOUNTING TO LACK OF OR IN EXCESS OF JURISDICTION, WHEN IT RENDERED THE ASSAILED RESOLUTIONS OF JANUARY 24, 2008 AND MARCH 31, 2008. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58917 2/9

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