G.R. Nos. 182978-79
6 of 19
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/182978-79.htm
WHEREFORE, the motions for reconsideration are GRANTED. Accordingly, the award
of US$80,000.00 in actual damages is hereby reduced to US$4,686.73 plus interest at the legal
rate computed from the time it became due until fully paid. Petitioners are hereby adjudged
jointly and solidarily liable with the employer for the monetary awards with Becmen Service
Exporter and Promotions, Inc. having a right of reimbursement from White Falcon Services,
Inc.
[17]
SO ORDERED.
In the Amended Decision, the Court of Appeals found that although Jasmins death was
compensable, however, there is no evidentiary basis to support an award of actual damages in
the amount of US$80,000.00. Nor may lost earnings be collected, because the same may be
charged only against the perpetrator of the crime or quasi-delict. Instead, the appellate court
held that Jasmins beneficiaries should be entitled only to the sum equivalent of the remainder
of her 36-month employment contract, or her monthly salary of US$247.00 multiplied by
nineteen (19) months, with legal interest.
Becmen filed the instant petition for review on certiorari (G.R. Nos. 182978-79). The
Cuaresmas, on the other hand, moved for a reconsideration of the amended decision, but it was
denied. They are now before us via G.R. Nos. 184298-99.
On October 6, 2008, the Court resolved to consolidate G.R. Nos. 184298-99 with G.R.
Nos. 182978-79.
In G.R. Nos. 182978-79, Becmen raises the following issues for our resolution:
(THE COURT OF APPEALS) GRAVELY ERRED WHEN IT GAVE MORE
CREDENCE AND WEIGHT TO THE AUTOPSY REPORT CONDUCTED BY THE
CABANATUAN CITY HEALTH OFFICE THAN THE MEDICAL AND POLICE REPORTS
ISSUED BY THE MINISTRY OF HEALTH OF KINGDOM OF SAUDI ARABIA AND
AL-BIRK HOSPITAL.
(THE COURT OF APPEALS) GRAVELY ERRED WHEN ON THE BASIS OF THE
POSITION PAPERS AND ANNEXES THERETO INCLUDING THE AUTOPSY REPORT,
IT CONCLUDED THAT THE DEATH OF JASMIN CUARESMA WAS CAUSED BY
CRIMINAL AGGRESSION.
(THE COURT OF APPEALS) GRAVELY ERRED WHEN IT HELD THAT THE
DEATH OF JASMIN CUARESMA WAS COMPENSABLE PURSUANT TO THE RULING
OF THE SUPREME COURT IN TALLER VS. YNCHAUSTI, G.R. NO. 35741, DECEMBER
20, 1932, WHICH IT FOUND TO BE STILL GOOD LAW.
(THE COURT OF APPEALS) GRAVELY ERRED WHEN IT HELD BECMEN
LIABLE FOR THE DEATH OF JASMIN CUARESMA NOTWITHSTANDING ITS
ADMISSIONS THAT IQAMA INSURANCE WAS A TYPOGRAPHICAL ERROR SINCE
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