WHEREFORE, premises considered, judgment is hereby rendered ordering
herein respondents Prudential Shipping and Management Corporation and Zenith
Shipping Investment, Inc., jointly and severally, to pay herein surviving spouse
complainant Emerlinda A. Sta. Rita and her child, Rene, surnamed Sta. Rita, the
following:
1. The sum of US$1,340.00 as sickness allowance;
2. The sum of US$50,000.00 as death compensation benefits, plus the sum of
US$7,000.00 for herein minor child Rene;
3. The sum of US$1,000.00 burial expenses; and
4. The further sum of ten percent (10%) of the monetary award due complainant,
or US$5,934.00, as attorneys fees.
All other claims are dismissed for lack of merit.
SO ORDERED.[27]
The Labor Arbiter further held that a claim arising from employer-employee
relationship does not necessarily infer that the relationship should exist at the time
the claim is presented. Although the employment may have ceased, the origin of
the claim is not altered. According to the Labor Arbiter, the fact that Virgilios
employment had already been terminated when the complaint was filed is of no
consequence. He cited this Courts rulings in Martin v. Court of Appeals,
[28]
and Star Security & Detective Investigation Agency v. Secretary of Labor.[29]
Petitioners appealed the decision to the NLRC, wherein they averred that:
FIRST, the Honorable Arbiter appears to have awarded sickness allowance to
complainant, a relief which has not been substantiated, which at best has been
waived because the same was not prayed for in the Position Paper and Reply filed
by the complainant before the Arbiter, and which in fact has been paid;
SECOND, the Honorable Arbiter adopted a version of the facts that is at best
speculative and baseless, and at worse, contrary to the evidence presented; and