G.R. Nos. 182978-79 18 of 19 http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/182978-79.htm * In lieu of Associate Justice Ma. Alicia Austria-Martinez, per Special Order No. 602 dated March 20, 2009. [1] Rollo, pp. 53-68; penned by Associate Justice Jose Catral Mendoza and concurred in by Associate Justices Amelita G. Tolentino and Arturo G. Tayag. [2] A Philippine corporation engaged in the business of recruitment of workers for overseas employment. [3] Rollo, p. 70. [4] CA rollo, CA-G.R. SP No. 80619, pp. 344-345. [5] Id. at 345. [6] Id. at 68-69; Autopsy Report of the Cabanatuan City Health Office dated September 4, 1998. [7] Id. at 70; NBI Toxicology Report No. T-99-220 (Gx) dated April 8, 1999. [8] The case was docketed as NLRC NCR OFW (L)99-11-00088-99. [9] Jasmin was staying at a dormitory provided and paid for by her employer Rajab Silsilah Co. [10] Rollo, pp. 69-80. [11] Id. at 103-115; penned by Commissioner Tito F. Genilo and concurred in by Commissioners Lourdes C. Javier and Ireneo B. Bernardo. [12] Id. at 116-125. [13] Id. at 124. [14] Entitled White Falcon Services, Inc. v. NLRC, Becmen Service Exporter, Inc. and Spouses Simplicio and Mila Cuaresma and Becmen Service Exporter and Promotions, Inc. v. NLRC, Mila Cuaresma, White Falcon Services, Inc., and Jaime Ortiz (President of White Falcon Services, Inc.) and docketed as CA-G.R. SP No. 80619 and CA-G.R. SP No. 81030, respectively. [15] Rollo, pp. 126-139; Rollo, pp. 53-68; penned by Associate Justice Jose Catral Mendoza and concurred in by Associate Justices Elvi John Asuncion and Arturo G. Tayag. [16] Id. at 138. [17] Id. at 67. [18] Delos Santos v. Jebsen Maritime, Inc., G.R. No. 154185, November 22, 2005, 475 SCRA 656. [19] Aquino-Simbulan v. Zabat, A.M. No. P-05-1993, April 26, 2005, 457 SCRA 23. [20] Iloilo Dock & Engineering Co. v. Workmens Compensation Commission, G.R. No. L-26341, November 27, 1968, 26 SCRA 102, citing Samuel B. Horovitz Injury and Death under Workmens Compensation Laws (1944). [21] Id. at 109-110, stating that The narrow rule that a worker is not in the course of his employment until he crosses the employment threshold is itself subject to many exceptions. off-premises injuries to or from work, in both liberal and narrow states, are compensable (1) if the employee is on the way to or from work in a vehicle owned or supplied by the employer, whether in a public (e.g., the employer's street car) or private conveyance; (2) if the employee is subject to call at all hours or at the moment of injury; (3) if the employee is traveling for the employer, i.e. traveling workers; (4) if the employer pays for the employee's time from the moment he leaves his home to his return home; (5) if the employee is on his way to do further work at home, even though on a fixed salary; (6) where the employee is required to bring his automobile to his place of business for use there. Other exceptions undoubtedly are equally justified, dependent on their own peculiar circumstances. [22] The law took effect on July 15, 1995. [23] R.A. 8042, Sec. 2a. [24] Id. Sec. 2b. [25] As defined under the Rules and Regulations Implementing R.A. 8042: (c) Overseas Filipino in distress - Overseas Filipinos as defined in Sec.3(c) of the Act shall be deemed in distress in cases where they have valid medical, psychological or legal assistance problems requiring treatment, hospitalization, counseling, legal representation as specified in Sections 24 and 26 or any other kind of intervention with the authorities in the country where they are found. [26] R.A. 8042, Sec. 2e. [27] SEC. 23. ROLE OF GOVERNMENT AGENCIES. - The following government agencies shall perform the following to promote the welfare and protect the rights of migrant workers and, as far as applicable, all overseas Filipinos: (a) Department of Foreign Affairs. - The Department, through its home office or foreign posts, shall take 1/26/2016 3:50 PM