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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
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