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687 Phil. 153
THIRD DIVISION
[ G.R. No. 172642, June 13, 2012 ]
ESTATE OF NELSON R. DULAY, REPRESENTED BY HIS WIFE
MERRIDY JANE P. DULAY, PETITIONER, VS. ABOITIZ JEBSEN
MARITIME, INC. AND GENERAL CHARTERERS, INC., RESPONDENTS.
DECISION
PERALTA, J.:
Before the Court is a petition for review on certiorari under Rule 45 of the Rules of
Court seeking to reverse and set aside the Decision[1] and Resolution[2] dated July 11,
2005 and April 18, 2006 of the Court of Appeals (CA) in CA-G.R. SP No. 76489.
The factual and procedural antecedents of the case, as summarized by the CA, are as
follows:
Nelson R. Dulay (Nelson, for brevity) was employed by [herein respondent]
General Charterers Inc. (GCI), a subsidiary of co-petitioner [herein corespondent] Aboitiz Jebsen Maritime Inc. since 1986. He initially worked as
an ordinary seaman and later as bosun on a contractual basis. From
September 3, 1999 up to July 19, 2000, Nelson was detailed in petitioners’
vessel, the MV Kickapoo Belle.
On August 13, 2000, or 25 days after the completion of his employment
contract, Nelson died due to acute renal failure secondary to septicemia. At
the time of his death, Nelson was a bona fide member of the Associated
Marine Officers and Seaman’s Union of the Philippines (AMOSUP), GCI’s
collective bargaining agent. Nelson’s widow, Merridy Jane, thereafter claimed
for death benefits through the grievance procedure of the Collective
Bargaining Agreement (CBA) between AMOSUP and GCI. However, on
January 29, 2001, the grievance procedure was “declared deadlocked” as
petitioners refused to grant the benefits sought by the widow.
On March 5, 2001, Merridy Jane filed a complaint with the NLRC SubRegional Arbitration Board in General Santos City against GCI for death and
medical benefits and damages.
On March 8, 2001, Joven Mar, Nelson’s brother, received P20,000.00 from
[respondents] pursuant to article 20(A)2 of the CBA and signed a
“Certification” acknowledging receipt of the amount and releasing AMOSUP
from further liability. Merridy Jane contended that she is entitled to the
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