Total claim RM1,655 x 45 month
= RM74,498.40 (or RM14,400
which ever less)
= US27,902.02
'If you agreed [sic] to the above calculation please pay the money RM14,400
(US5,393.29) to PBN/PPB to the next of kin of the deceased.
'Enclosed please find the following form [sic] to fill.
a) 1 copy Form 'A' - Buruh 32
b) 3 copy [sic] Agreed Memorandum. Please
empty for the signature of the deceased next of kin.
'Please return all the form [sic] together with the claim and stamp "Hasil" RM2.70
(US1.011) within 30 days from the date of this letter.
'Thank you.
'Yours faithfully,'
"Likewise, the Melaka Labor Office issued a receipt showing that Hyundai Engineering
deposited RM14,400.00 with the Melaka Labor Office.
"The fact of death of Eduardo O. Felipe was not raised as an issue in this Office inasmuch as the
same was admitted in respondents' pleadings.
"Thus, the issue raised before the Labor Arbiter is the amount of death benefits due the
complainant and whether the deposit made by Hyundai with the Melaka Labor Office constitutes
valid payment.
"Complainant alleges that the amount should be US$27,902.02 and that the deposit made by
Hyundai Engineering to the Melaka Labor Office did not constitute payment.
"On the other hand, respondents contend that the complainant is only entitled to RM14,400.00 or
US$5,393.29 and that their deposit of the said amount with the Melaka Labor Office
extinguished their obligation."
The Labor Arbiter ordered petitioner to pay private respondent US$27,902.02 as death benefit
and 10% thereof as attorney's fees.ii[2]
The public respondent NLRC (Third Division) affirmed the decision of the Labor Arbiter.iii[3] It
held:
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