seamen suffered "severe tetanus" and "massive viral infections;" that Misada and
Envidiado died within days of the other; that the third seaman, Arturo Fajardo, narrowly
missed death only because the vessel was at port in Penang, Malaysia at the time the
tetanus became critical.ii[2]
The complaints were consolidated and the parties filed their respective position papers
and documentary evidence. On October 20, 1993, the POEA Administrator dismissed
the case for lack of merit.
Private respondents appealed to respondent Commission. During the pendency of the
appeal, private respondents submitted additional documentary evidence in support of
their Memorandum on Appeal.
On April 25, 1994, respondent Commission reversed the POEA Administrator and
ordered petitioners to pay private respondents the following:
"(a) To complainant Nelia F. Misada and her two minor children, Julius Caesar and
Alpha Joy, all surnamed Misada:
(1) Death compensation of U.S.$13,000.00 under the POEA Standard Format;
(b) To complainant Himaya G. Envidiado and her three (3) minor children, Henrea,
Hazel and Hendrick, all surnamed Envidiado;
(1) Death compensation of U.S.$13,000.00 under the provisions of the POEA Rules and
Regulations; and
(2) Backwages as of July 1991 amounting to U.S.$641.42 or its peso equivalent.
SO ORDERED."iii[3]
Hence this petition. Petitioners claim that:
"I
FIRSTLY, THE NLRC COMMITTED GRAVE ABUSE OF DISCRETION IN
CONSIDERING DOCUMENTS WHICH DO NOT FORM PART OF THE EVIDENCE IN
THE INSTANT CASE, THEREBY DEPRIVING PETITIONERS OF DUE PROCESS;
II
SECONDLY, THE NLRC COMMITTED GRAVE ABUSE OF DISCRETION WHEN IT
OVERTURNED WHAT HAS BEEN ESTABLISHED BY CIRCUMSTANTIAL AND
DOCUMENTARY EVIDENCE ON THE BASIS OF DOCUMENTS WHICH AT BEST
ARE HEARSAY; and