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746 PHIL. 758
FIRST DIVISION
[ G.R. No. 198408, November 12, 2014 ]
CONCHITA J. RACELIS, PETITIONER, VS. UNITED PHILIPPINE
LINES, INC. AND/OR HOLLAND AMERICA LINES, INC.,* AND
FERNANDO T. LISING, RESPONDENTS.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated March 28,
2011 and the Resolution[3] dated August 26, 2011 of the Court of Appeals (CA) in CAG.R. SP. No. 113835 which reversed and set aside the Decision[4] dated November 10,
2009 of the National Labor Relations Commission (NLRC) in NLRC LAC Case No. OFW
(M)-05-000277-09, thereby dismissing the complaint for death benefits, burial
assistance, moral and exemplary damages, and attorney’s fees filed by petitioner
Conchita J. Racelis (petitioner).
The Facts
On January 15, 2008, Rodolfo L. Racelis (Rodolfo) was recruited and hired by
respondent United Philippine Lines, Inc. (UPL) for its principal, respondent Holland
America Lines, Inc. (HAL) to serve as “Demi Chef De Partie” on board the vessel MS
Prinsendam,
with
a
basic
monthly
salary
of
US$799.55.[5]
The
Contract
of
Employment[6] was for a term of four (4) months, extendible for another two (2)
months upon mutual consent. After complying with the required pre-employment
medical examination where he was declared fit to work, Rodolfo joined the vessel on
January 25, 2008.[7] Prior thereto, Rodolfo was repeatedly contracted by said
respondents and was deployed under various contracts since December 17, 1985.[8]
In the course of his last employment contract, Rodolfo experienced severe pain in his
ears and high blood pressure causing him to collapse while in the performance of his
duties. He consulted a doctor in Argentina and was medically repatriated on
February 20, 2008 for further medical treatment.[9] Upon arrival in Manila, he was
immediately brought to Medical City, Pasig City, where he was seen by a companydesignated physician, Dr. Gerardo Legaspi, M.D. (Dr. Legaspi), and was diagnosed to be
suffering from Brainstem (pontine) Cavernous[10] Malformation.[11] He underwent
surgery twice for the said ailment but developed complications[12] and died on March
2, 2008.[13] Through an electronic mail[14] (e-mail) dated July 22, 2008, a certain Dr.
Antonio “Toby” Abaya (Dr. Abaya) informed Atty. Florencio L. Aquino, Managing
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