4/15/2021
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FIRST DIVISION
[ G.R. No. 224026, February 03, 2020 ]
DELIA B. BORRETA AS WIDOW OF DECEASED MANUEL A. BORRETA,
JR., PETITIONER, VS. EVIC HUMAN RESOURCE MANAGEMENT, INC.,
ATHENIAN SHIP MANAGEMENT INC., AND/OR MA. VICTORIA C.
NICOLAS, RESPONDENTS.
DECISION
REYES, J. JR., J.:
The Facts and The Case
Before this Court is a Petition for Review on Certiorari[1] seeking to annul and set aside
the October 13, 2015 Decision[2] and the April 12, 2016 Resolution[3] of the Court of
Appeals (CA) in CA-G.R. SP No. 139455 which modified the February 2, 2015
Decision[4] of the Panel of Voluntary Arbitrators (Panel) of the National Conciliation and
Mediation Board (NCMB) in VA Case No. AC-73-RCMB-NCR-MVA-094-03-09-2014 by
affirming only the $89,100.00 death benefit, and P162,080.00 transportation and burial
expenses awarded to petitioner Delia B. Borreta, the widow of Manuel A. Borreta, Jr.
(Manuel), and deleting the awards for insurance proceeds, uncollected salary, overtime
pay, unpaid leave credits, unpaid daily subsistence allowance, owner's bonus, moral
damages, exemplary damages and attorney's fee.
On June 19, 2013, Manuel was employed by respondent Evic Human Resource
Management, Inc. (Evic), for and in behalf of its foreign principal, respondent Athenian
Ship Management, Inc. (Athenian), as cook on board M/V Sea Lord. Respondent Ma.
Victoria C. Nicolas is the president of Evic.[5] The terms and conditions of his
employment are as follows:
1. That the seafarer shall be employed on board under the following terms and
conditions:
1.1 Duration of Contract: 7 MONTHS + 1 MONTH UPON MUTUAL
CONSENT OF BOTH PARTIES
1.2 Position: Cook
1.3 Basic Monthly Salary: ALL FIGURES IN USDOLLARS: 746.00
1.4 Hours of Work: HRS/WEEK 40.
1.5 Overtime: /FIXED G.O.T: 554.00 (103 HRS)/OWNER BONUS:
100.00
1.6 Vacation Leave with Pay: /SUB. ALLOW.: 126.00/LV. WAGES:174
1.7 Point of Hire: MANILA PHILIPPINES
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237
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