6/8/2020
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Ling George Hospital Mortuary Hall, for post-mortem examination. The PostMortem Certificate issued by the Department of Forensic Medicine,
Visakhapatnam City, stated that the cause of death of Salvador was
asphyxia due to hanging.
As an heir of the deceased seaman, petitioner, for in behalf of her minor
children, filed for death compensation benefits under the terms of the
standard employment contract, but her claims were denied by the
[petitioners]. Since efforts to settle the case amicably proved futile, the
Labor Arbiter directed the parties to submit their respective position papers.
On October 28, 2003, the Labor Arbiter rendered his decision, the
dispositive portion of which reads, thus:
"WHEREFORE, premises considered, judgment is hereby
rendered, ordering the [petitioners] Great Southern Maritime
Services Corporation and/or IMC Shipping Co., PTE LTD.,
Singapore to pay complainants Leonila S. Surigao, Miriam
Surigao and Kaye Angeli Surigao the amount of SEVENTY ONE
THOUSAND FIVE HUNDRED DOLLARS ($71,500.00) or its
equivalent in Philippine pesos at the prevailing rate of exchange
at the time of actual payment representing the death benefits,
burial expenses of the deceased Salvador M. Surigao and
attorney's fees.
All other claims are DISMISSED for lack of merit.
SO ORDERED."
On appeal, the NLRC reversed and set aside the decision of the Labor Arbiter
and declared [petitioners] not liable for death benefits. In lieu thereof,
however, the commission directed the [petitioners] to grant financial
assistance to the [respondent] in the amount of Five Thousand Dollars
($5,000.00). The dispositive portion reads as follows:
"PREMISSES CONSIDERED, the Decision of October 28, 2003, is
REVERSED and VACATED. [Petitioners] however, are directed to
grant financial assistance to complainants in the amount of five
thousand US dollars (US$5,000.00) at the prevailing rate at the
time of payment.
SO ORDERED."
[Respondent] moved for the reconsideration of the aforequoted decision, but
the commission in a Resolution, dated May 24, 2007, denied the same. The
dispositive portion reads, thus:
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