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.
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