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determine who between them is at fault for the discontinuance and non-completion of
the post-employment medical examination of Ernesto. Thus, there is no basis to grant
Ernesto's prayer for sickness allowance and reimbursement of medical and
transportation expenses.
In any case, it is clear that Ernesto did not undergo any kind of treatment by the
company doctor subsequent to being discharged from the hospital. Neither was there
any definite declaration or assessment by the company doctor that respondent is
already fit to go back to work following his hospital discharge. Nonetheless, it is
undisputed that Ernesto was no longer able to return to work after his hospital
discharge on December 13, 2013. In fact, Ernesto died on September 28, 2017,
pending resolution of this petition, and the immediate cause of his death was
"Brainstem Failure Secondary to Cerebrovascular Disease, Acute Infarction"[39] which,
undeniably, was related to the illnesses subject of the instant case. If Ernesto were still
alive, this Court would have ordered petitioner to continue, at its expense, Ernesto's
medical treatment until the final evaluation or assessment could be made, with regard
to his medical condition. Unfortunately, this can no longer be done. In a number of
cases, this Court, has granted financial assistance to separated employees for
humanitarian considerations, as a measure of social and compassionate justice and as
an equitable concession.[40] Taking into consideration the factual circumstances
obtaining in the present case, and the fact that Ernesto, in his own little way, has
devoted his efforts to further petitioner's endeavors, the Court finds that Ernesto, who
is now substituted by his heirs, is entitled to this kind of assistance in the amount of
P75,000.00.
WHEREFORE, the instant petition is GRANTED. The Decision and Resolution of the
Court of Appeals dated, June 9, 2016 and December 1, 2016, respectively, in CA-G.R.
SP Nos. 142663 and 142689 are REVERSED and SET ASIDE. The Decision of the
NLRC in NLRC LAC No. 10-000876-14 (NLRC NCR-OFW-M 03-03096-14), promulgated
on June 25, 2015, is REINSTATED with MODIFICATION to the effect that the grant
of sickness allowance and medical and transportation expenses are DELETED. In lieu
thereof, petitioner is ORDERED to PAY respondent's heirs the amount of P75,000.00
as financial assistance.
SO ORDERED.
Carpio,* Acting C. J., (Chairperson), Perlas-Bernabe, Caguioa, and Reyes, Jr., JJ.,
concur.
* Acting Chief Justice per Special Order No. 2539 dated February 28, 2018.
[1] Penned by Associate Justice Manuel M. Barrios with Associate Justices Franchito N.
Diamante and Maria Elisa Sempio Diy, concurring; Annex "C" to petition, rollo, pp. 7992.
[2] Annex "D" to petition, id. at 93-95.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64139
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