6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly xxxx Clearly, Padrones is entitled to be compensated - not of death benefits as awarded by the Labor Arbiter - but of disability benefits caused by his illness. We cannot grant the award of death benefits as Padrones died after the completion of the employment contract. However, We rule and so hold that his death should not in any way forfeit his right to be entitled to disability benefits which has accrued even prior to his death. xxxx While there was no disability claim instituted by Padrones, this will not preclude this Court from awarding disability benefits rightly due to Padrones. From the circumstances leading to his death, there can be no other logical conclusion why Padrones was not able to file for disability benefits than the deterioration of his condition which prevented him from doing the same. In fact, he died after only one (1) year and five (5) months from his repatriation. During the time that he was ill, it cannot be expected that Padrones would have thought of, much less had the time to institute a claim and do other legal matters. His primary concern then was1 his worsening condition. His disability claims had been overtaken by his death such that his heirs filed the instant complaint for death benefits. It would be unjust and unfair if We will not allow Padrones' entitlement to disability benefits merely by his failure to file one. The protection and compassion extended by the State to the seamen working on-board ocean-going vessels would best be served if We will treat this complaint as one for disability benefits which is rightly due to Padrones, as substituted by his heirs. x x x x[15] Accordingly, the CA disposed of the case as follows: WHEREFORE, premises considered, finding grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the NLRC in dismissing the complaint filed by petitioners, the instant petition for certiorari is GRANTED. The Decision dated April 18, 2005 and the Resolution dated February 24, 2006, respectively, of the NLRC are SET ASIDE. The Decision dated October 30, 2003 of the Labor Arbiter is hereby REINSTATED with a MODIFICATION that respondents should pay to Peter Padrones, herein represented by his heirs, the sum of US$60,000.00 as disability benefits to be paid in Philippine currency equivalent at the exchange rate prevailing during the time of payment. The award of attorney's fees is likewise maintained. SO ORDERED.[16] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59749 3/9