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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.
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