In September, 1991, he was again employed as Chief Cook of the M/T Cedar Bow.
However, his contract was terminated on November 9, 1991.
On November 13, 1994, Ciriaco Hermogenes was confined at the National Kidney
Institute where he was treated for:
: Cardiopulmonary Arrest secondary to Sepsis secondary to Urinary
Tract Infection
: Pneumonia
: Toxic Epidermal Necrolysis
: Acute Renal Failure on top of Chronic Renal Insufficiency
secondary to Diabetic Nephropathy.
He underwent Peritoneal Dialysis, but on November 21, 1994, he died.
The petitioner filed a claim for death compensation benefits under the POEA Standard
Format, which provides for a US$50,000.00 death benefit plus US$7,000.00 for each
minor child, and US$1,000.00 for burial assistance. She also asked for P60,000.00 as
expenses for medication and hospitalization, plus attorneys fees. The claim was
opposed by the respondent.[3]
After hearing, Labor Arbiter Melquiades Sol D. Del Rosario rendered a Decision
finding herein respondent liable for burial assistance and medication and hospitalization
expenses but not for death benefits and attorneys fees. [4] The dispositive portion of the
Labor Arbiters decision reads as follows:
CONFORMABLY WITH THE FOREGOING, judgment is hereby rendered finding
respondent Osco Shipping Services (Phils.), Inc. liable to pay complainant the
following:
a) US$1,000.00 or its equivalent in pesos as burial expenses; and
b) P60,000.00 as continued medication and hospitalization expenses.
All other claims are dismissed for lack of merit.
SO ORDERED.[5]
Herein petitioner appealed the Labor Arbiters decision with the National Labor
Relations Commission (NLRC). In a Decision promulgated on July 24, 1996, the NLRC
affirmed the assailed decision of the Labor Arbiter and dismissed herein petitioners
appeal for lack of merit.[6]
Aggrieved by the Decision of the NLRC, herein petitioner filed a petition
for certiorari directly with this Court.[7]