E-Library - Information At Your Fingertips: Printer Friendly 12/19/21, 1:28 PM 662 Phil. 189; 108 OG No. 10, 1030 (March 12, 2012) FIRST DIVISION [ G.R. No. 169575, March 30, 2011 ] IMELDA PANTOLLANO (FOR HERSELF AS SURVIVING SPOUSE AND IN BEHALF OF HER 4 CHILDREN HONEYVETTE, TIERRA BRYN, KIENNE DIONNES, SHERRA VEDA MAE, THEN ALL MINORS, WITH DECEASED SEAMAN VEDASTO PANTOLLANO), PETITIONER, VS. KORPHIL SHIPMANAGEMENT AND MANNING CORPORATION, RESPONDENT. DECISION DEL CASTILLO, J.: The heirs of a missing seaman may file their claim for death compensation benefits within the three-year period fixed by law from the time the seaman has been presumed dead. This Petition for Review on Certiorari[1] assails the Decision[2] dated June 30, 2005 of the Court of Appeals (CA) in CA-G.R. SP No. 78759, which granted the petition for certiorari and reversed and set aside the Resolutions dated May 30, 2003[3] and July 31, 2003[4] of the National Labor Relations Commission (NLRC) in NLRC NCR CASE No. OFW (M) 2000-05-00302-30 (NLRC NCR CA No. 031095-02). Factual Antecedents Korphil Shipmanagement and Manning Corporation (Korphil) is a domestic corporation engaged in the recruitment of seafarers for its foreign principals. On March 24, 1994, it hired Vedasto C. Pantollano (Vedasto) as 4th Engineer on board the vessel M/V Couper under a Philippine Overseas Employment Agency (POEA) approved contract[5] of employment, with the following terms and conditions: Duration of Contract Position Basic Monthly Salary Hours of Work Overtime Vacation Leave With Pay : : : : : : 12 months Fourth Engineer USD 550.00 48 hours per week USD 165.00 3 days/month On August 2, 1994, at about 6:45 A.M., Vedasto was seen by Messman Nolito L. Tarnate (Messman Nolito) to be in deep thought, counting other vessels passing by and talking to himself. At about 8:15 A.M., the Chief Engineer of the vessel reported to the Master of the vessel, Mr. Kim Jong Chul, that Vedasto did not show up for his duty. The Master of the vessel thus ordered all personnel on stand by. The vessel then altered its course to search for Vedasto. Some crew members were tasked to search the vessel while others were assigned to focus their search on the open sea https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37942 Page 1 of 10

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