5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly 741 PHIL. 67 THIRD DIVISION [ G.R. No. 192993, August 11, 2014 ] WALLEM MARITIME SERVICES, INC., AND REGINALDO OBEN/WALLEM SHIPMANAGEMENT LIMITED, PETITIONERS, VS. DONNABELLE PEDRAJAS AND SEAN JADE PEDRAJAS, RESPONDENTS. DECISION PERALTA, J.: Before this Court is a Petition for Review on Certiorari, assailing the Decision[1] and Resolution[2] of the Court of Appeals (CA), dated February 11, 2010 and July 20, 2010, respectively, in CA-G.R. SP No. 102499, which affirmed the Decision and Resolution of the National Labor Relations Commission (NLRC), dated October 31, 2007 and January 30, 2008, respectively, in NLRC OFW Case No. (M) 04-08-02209-00/NLRC NCR CA NO. 049636-06, awarding death benefits to respondents. The antecedents are as follows: Petitioner Wallem Maritime Services, Inc. is a domestic corporation licensed to engage in the manning business. Petitioner Wallem Maritime Ship Management is a foreign corporation which is the principal of Wallem Maritime Services, Inc., while Reginaldo Oben is the President of Wallem Maritime Services, Inc. In 2004, petitioner Wallem Maritime Services, Inc. and Hernani Pedrajas (Hernani) entered into a contract of employment wherein Hernani was hired as Engine Boy on board the M/V Crown Jade. In March 2005, during the effectivity of his employment contract and while the vessel was in Italy, Hernani was found hanging on the Upper Deck B of the vessel with a rope tied to his neck. Hernani's spouse and herein respondent, Donnabelle Pedrajas (Donnabelle), was informed that Hernani hanged himself and was found dead in the vessel. She was also informed that investigations were being conducted by the Italian Government relative to Hernani's death. His body was repatriated back to the Philippines in April 2005. Suspecting foul play, Donnabelle sought the assistance of the Philippine National Police (PNP) Crime Laboratory to conduct a forensic examination on the remains of Hernani and to investigate the cause of his death. Donnabelle also requested the National Bureau of Investigation (NBI) to investigate the incident. After the investigation, the PNP Crime Laboratory and the NBI concluded that homicide cannot be totally ruled out. Due to the foregoing, in June 2005, Donnabelle, as beneficiary of Hernani, filed a claim for death compensation benefits under the POEA Standard Employment Contract and the Associates Marine Officer's and Seafarer's Union of the Philippines Collective Bargaining Agreement (AMOSUP-CBA). She also demanded attorney's fees, moral, and elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57383 1/9

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