hopes for his recovery as his disease was already in its advanced stage. He succumbed to his
illness on 23 April 1994 and the autopsy report showed as cause of death disseminated
intravascular coagulations, septecalmia, pulmonary congestion and multiple intestinal
obstruction secondary to multiple adhesions.iv[4]
Before Faustino Inductivo's death, or sometime in February 1994, herein private respondent
Elizabeth Inductivo went to petitioners to claim the balance of her husbands leave wages. She
also inquired about his sickness benefits as he was then very sick. Petitioners however informed
her that her husband was not entitled to sickness benefits because he was not sick at the time he
was "offsigned" from the vessel; he was "offsigned" from the vessel on "mutual consent" and not
on medical grounds; and since he failed to advise or notify petitioners in writing within seventytwo (72) hours of his alleged sickness, his right to claim sickness benefits was deemed forfeited.
Consequently, at the instance of Faustino Inductivo, private respondent filed an affidavitcomplaint against petitioners for the payment of sickness and insurance benefits. After Faustino
Inductivo died his complaint was amended by private respondent to include death benefits.
On 24 September 1996 the Labor Arbiterv[5] rendered a decision in favor of private respondent
ordering petitioners to pay complainant, for herself and in her capacity as guardian of her two (2)
minor children, as follows: US$50,000.00 as death benefits; US$14,000.00 as childrens
allowances; and US$1,000.00 as burial expenses.
On appeal the NLRC sustained the Labor Arbiter. In its Resolution of 30 June 1997 the NLRC
held in part It may be true that the deceased failed to report to respondent Wallem Maritime within seventy
two hours after arrival in the Philippines but it could not be denied also that the deceased was
sick when he arrived. Human mind dictates that a medical consultation at the nearest clinic is
necessary before anything else. The wife could not immediately advise the respondent due to the
situation of her deceased husband x x x x The allegation of the complainant that her husband was
repatriated upon petition of the crew due to the deteriorating physical condition of Faustino
Inductivo, was not denied by respondent. The defense of the latter that the repatriation of the
deceased was by mutual consent and not discharged medically deserves scant consideration. It is
to be emphasized that the illness was contracted during the deceased's employment on board
"MT Rowan." Suffice it to say that the death of Faustino Inductivo is compensable under the
circumstances.
Their motion for reconsideration having been denied by the NLRC in its Resolution of 29
August 1997, petitioners are now before us imputing grave abuse of discretion on the part of the
NLRC in: (a) totally disregarding the evidence on record; (b) ignoring and disregarding the
existing law and jurisprudence on the matter; and, (c) affirming in toto the Labor Arbiters award
of death compensation in favor of private respondent.
The pivotal issue to be resolved is whether the death of Faustino Inductivo is compensable as to
entitle his wife and children to claim death benefits. Petitioners insist that it is not compensable
for two (2) principal reasons: first, Faustino Inductivo was offsigned from the vessel "MT
Rowan" based on "mutual consent" and not on medical grounds, and the cancer which caused his