5/28/2020
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Associate of the law firm of Del Rosario and Del Rosario,[15] counsel for UPL, HAL, and
its officer, Fernando T. Lising (respondents),[16] that Rodolfo’s illness was congenital
and that there may be familial strains in his case, hence, his death was not workrelated.[17]
Rodolfo’s surviving spouse, herein petitioner, sought to claim death benefits pursuant to
the International Transport Workers’ Federation-Collective Bargaining Agreement
(ITWF-CBA),[18] of which her husband was a member, but to no avail. Consequently,
she filed a Complaint[19] for death benefits, burial assistance, moral and exemplary
damages, and attorney’s fees against herein respondents before the NLRC, docketed as
NLRC OFW Case No. (M) NCR-06-08452-08.
In their defense,[20] respondents maintained that petitioner is not entitled to death
benefits under Section 20 (A) (1) of the 2000 Philippine Overseas Employment
Administration Standard Employment Contract (2000 POEA-SEC). They averred that
Rodolfo’s illness, i.e., Brainstem (pontine) Cavernous Malformation, was not workrelated, considering that said illness is not listed as an occupational disease under the
2000 POEA-SEC.[21] They likewise pointed out that Rodolfo’s death on March 2, 2008
did not occur during the term of his employment contract in view of his prior
repatriation on February 20, 2008, hence, was non-compensable.[22] Moreover, they
denied the claim for damages and attorney’s fees for lack of factual and legal bases.[23]
The LA Ruling
In a Decision[24] dated November 28, 2008, the Labor Arbiter (LA) ruled in favor of
petitioner, and thereby ordered respondents to pay her death benefits pursuant to the
ITWF-CBA in the amount of US$60,000.00, burial assistance in the amount of
US$1,000.00, and attorney’s fees equivalent to 10% of the total monetary awards.[25]
The LA held that Rodolfo’s death was compensable as the illness that caused his death
occurred in the course of his employment contract.[26] It was likewise ruled that while
Brainstem (pontine) Cavernous Malformation is not among the listed occupational
diseases under the 2000 POEA-SEC, the same was still compensable, noting that the
same may have been contracted in the course of his engagement with respondents,
which started back in 1985 under various employment contracts.[27] Also, the LA did
not give credence to the medical opinion[28] of Dr. Abaya which was unsigned and not
certified by said doctor himself, hence, had no evidentiary value. Further, the LA
observed that there is no certainty as to the accuracy of the statement therein that the
disease is congenital in origin.[29]
Unconvinced, respondents filed an appeal[30] before the NLRC.
The NLRC Ruling
In a Decision[31] dated November 10, 2009, the NLRC affirmed the LA’s verdict, holding
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