4/15/2021
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Philippines, the CA ordered the respondents to, reimburse petitioner the transportation
and burial expenses she incurred.
As for the other awards, the CA held that petitioner was not entitled to the same. It
held that life insurance may only be awarded in case of accidental death. Since death
by suicide cannot in any way be ruled as accidental, petitioner was not entitled to claim
the life insurance benefit under R.A. No. 10022. The CA deleted the awards for unpaid
salary, guaranteed overtime pay, leave pay, daily allowance/subsistence allowance and
owner's bonus in light of the evidence presented by the respondents that the same had
already been paid to, and received by the petitioner.[42]
The CA also ruled that petitioner was not entitled to moral and exemplary damages,
and attorney's fees, and thus deleted the same.[43] The CA disposed in this wise:
WHEREFORE, premises considered, the APPEAL is PARTLY GRANTED.
The assailed Decision dated 2 February 2015 is hereby MODIFIED, to
the extent that the awards for insurance proceeds, amounting to
US$15,000[,] uncollected salary amounting to US$670.03, overtime pay
amounting to US$3730.00, unpaid leave credits/pay in the amount of
US$696.00, unpaid daily subsistence allowance in the amount for
US$504.00, [owners' bonus in the amount of] US$400.00 are all DELETED.
The awards for moral and exemplary damages and attorney's fees, for lack
of factual and legal basis, are likewise DELETED.
[Respondents] REMAIN LIABLE to pay US$89,100.00 for death benefits
and [PhP] 162,080.00 for transportation and burial expenses as provided by
their CBA with their seafarers. As ruled above, these are subject to an
interest of 6% per annum reckoned from the date of filing of the Notice to
Arbitrate on 7 August 2014 until the finality of this Decision. Thereafter, the
interest of 6% per annum shall be imposed on these amounts until fully
paid.
SO ORDERED.[44]
Aggrieved, the petitioner moved for reconsideration, but the CA denied it in a
Resolution[45] dated April 12, 2016.
Not accepting defeat, petitioner is now before the Court via the present petition.
The Issues Presented
Petitioner raises the following issues for the Court's consideration:
I.
THE HONORABLE COURT OF APPEALS GRAVELY ERRED UNDER THE
CONSTITUTION, THE LAW AND ESTABLISHED JURISPRUDENCE WHEN IT
DID NOT DISMISS THE PETITION FOR REVIEW FILED BEFORE IT BY HEREIN
RESPONDENTS FOR LACK OF APPEL[L]ATE JURISDICTION OVER THE SAME.
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