Interorient Maritime Enterprises, INC vs NLRC : 115497 : September ... http://sc.judiciary.gov.ph/jurisprudence/1996/sept1996/115497.htm [Syllabus] THIRD DIVISION [G.R. No. 115497. September 16, 1996] INTERORIENT MARITIME ENTERPRISES, INC., FIRCROFT SHIPPING CORPORATION and TIMES SURETY & INSURANCE CO., INC., petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and CONSTANCIA PINEDA, respondents. DECISION PANGANIBAN, J.: Are the local crewing or manning agent and its foreign principal (the shipowner) liable for the death of a Filipino seaman-employee who, after having been discharged, was killed in transit while being repatriated home? [1] [2] The instant petition seeks the reversal and/or modification of the Resolution dated March [3] 30, 1994 of public respondent National Labor Relations Commission dismissing the appeals of [4] petitioners and affirming the decision dated November 16, 1992 of Philippine Overseas [5] Employment Administration (POEA) Administrator Felicisimo C. Joson, which ordered that: WHEREFORE, in view of the foregoing consideration, respondents are hereby jointly and severally held liable to pay the complainant the following amounts: 1. P130,000.00 as death compensation benefits. 2. P18,000.00 as burial expenses. The Facts The proceedings below originated as a claim for death compensation benefits filed by Constancia Pineda as heir of her deceased son, seaman Jeremias Pineda, against Interorient Maritime Enterprises, Inc. and its foreign principal, Fircroft Shipping Corporation and the Times [6] Surety and Insurance Co., Inc. The following facts were found by the POEA Administrator: As can be gathered from the records of the case, it was alleged that deceased seaman, Jeremias Pineda was contracted to work as Oiler on board the vessel, MV Amazonia, owned and operated by its foreign principal, Fircroft Shipping Corporation for a period of nine (9) months with additional three (3) months upon mutual consent of both parties with a monthly basic salary of US$276.00 plus fixed overtime rate of US$83.00 and a leave pay of 2 1/2 days per month; that on October 2, 1989, he met his death when he was shot by a Thai Policeman in Bangkok, Thailand; that considering that the deceased seaman was suffering from mental disorders aggravated by threats on his life by his fellow seamen, the Ship Captain should not have allowed him to travel alone. xxxxxxxxx 1 of 7 1/20/2016 12:35 PM

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