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exemplary damages.
Petitioners’ claim that they have no obligation to pay death benefits to the heirs of
Hernani because the latter's death was self-inflicted and therefore exempted from the
coverage of death benefits under the Philippine Overseas Employment Agency-Standard
Employment Contract (POEA-SEC) and the AMOSUP-CBA. Petitioners argued that
Hernani was involved in a drug smuggling activity and fearing that he would be
arrested and would bring shame to his family, he committed suicide. To support their
claim, petitioners attached an authenticated Forensic Report[3] released by the Medical
Examiner in Italy which stated that Hernani committed suicide by hanging himself. The
same report indicated that during the course of the autopsy, Hernani was found positive
for cocaine.[4] When his lifeless body was found hanging, two suicide notes were found
by the Italian authorities. One was addressed to his wife and the other to the vessel's
crew. The suicide note addressed to his wife stated that he committed suicide because
he was implicated in a drug syndicate and he did not want to be jailed for the rest of
his life. The second suicide note led to the arrest of Deck Boy Joseph Harder, who
admitted his participation in the drug dealing operation. It also pointed the Italian
authorities to where the remaining cocaine and the proceeds from its illegal sale were
being hidden on-board the vessel.
On March 31, 2006, the Labor Arbiter (LA) ruled in favor of petitioners and denied the
respondents' claim for death benefits.[5] The LA sustained petitioners' claim that
Hernani committed suicide, giving credence to the Forensic Report submitted by the
Italian authorities concluding that his death was self-inflicted.
Respondents appealed to the NLRC. On October 31, 2007, the NLRC reversed the LA's
decision and ruled that Hernani's death was not proven to be self-inflicted.[6] Hence, it
awarded death compensation and attorney's fees to the respondents.
Aggrieved, petitioners filed a petition for certiorari before the CA. On February 11,
2010, the CA denied the petition and held that the Forensic Report issued by the Public
Prosecutors Office in Livorno, Italy was "weakened" by the findings of the PNP and the
NBI, which did not totally rule out homicide.[7] The CA further did not give credence to
the photocopies of the alleged suicide notes presented by the petitioners for its failure
to prove that the suicide notes were written by Hernani. Hence, it found that petitioners
failed to discharge its burden of proving that Hernani committed suicide, so as to evade
its liability for death benefits. A Motion for Reconsideration was filed by petitioners, but
was denied in a Resolution[8] dated July 20, 2010.
Petitioners are now before this Court, raising the following issues:
I
WHETHER THE COURT OF APPEALS SERIOUSLY ERRED IN FAILING TO
ABIDE BY THE EXPRESS MANDATE OF THE GOVERNING POEA-SEC AND
PERTINENT CBA THAT DEATH ARISING FROM A WILLFUL ACT IS NOT
COMPENSABLE AND WILL BAR THE SEAMAN'S HEIRS FROM RECEIVING
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57383
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