6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly On appeal, the NLRC modified the LA Decision in a Resolution[12] dated February 28, 2006, the dispositive portion of which reads: WHEREFORE, premises considered, the Appeals of Complainants and PNKC are GRANTED but only partially in the case of Complainants' Appeal, and the Appeal of [SSSICI] is DISMISSED for lack of merit. Accordingly, the Decision is SUSTAINED subject to the modification that [SSSICI] is DIRECTED to pay Complainants in addition to their awarded claims, in the appealed decision, additional death benefits of US$7,000 each to the minor children of Complainant Gudelosao, namely, Christy Mae T. Gudelosao and Rose Elden T. Gudelosao. As regards the other issues, the appealed Decision is SUSTAINED. SO ORDERED.[13] The NLRC absolved petitioner, TEMMPC and TMCL and Capt. Orbeta from any liability based on the limited liability rule.[14] It, however, affirmed SSSICI's liability after finding that the Personal Accident Policies answer for the death benefit claims under the Philippine Overseas Employment Administration Standard Employment Contract (POEASEC).[15] Respondents filed a Partial Motion for Reconsideration which the NLRC denied in a Resolution dated May 5, 2006.[16] Respondents filed a petition for certiorari[17] before the CA where they argued that the NLRC gravely abused its discretion in ruling that TEMMPC, TMCL, and Capt. Orbeta are absolved from the terms and conditions of the POEA-SEC by virtue of the limited liability rule. Respondents also argued that the NLRC gravely abused its discretion in ruling that the obligation to pay the surviving heirs rests solely on SSSICI. The CA granted the petition, the dispositive portion thereof reads: WHEREFORE for being impressed with merit the petition is hereby GRANTED. Accordingly, the Resolution dated February 28, 2006, and Resolution, dated May 5, 2006, of the public respondent NLRC are hereby SET ASIDE. The Decision of the Labor Arbiter dated [August 5, 2004] is REINSTATED, subject to the following modifications: (1) [Respondents CAPT. OSCAR ORBETA, [TEMMPC] and [TMCL] (the manning agency), are hereby directed to pay solidarily the complainants as follows: ROSALIA T. GUDELOSAO: CARMEN B. TANCONTIAN: CARMELA B. TANCONTIAN: BEVERLY B. Death Benefits Burial Expenses 10% atty's [fees] US$50,000 US$1,000 US$5,100 US$50,000 US$1,000 US$5,100 US$7,000 US$700 US$7,000 US$700 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62118 3/18