4/20/2021 E-Library - Information At Your Fingertips: Printer Friendly [121] De Andres v. Diamond H Marine Services & Shipping Agency, Inc., 813 Phil. 746, 766-767 (2017) [Per J. Mendoza, Second Division]. [122] 257 Phil. 522 (1989) [Per J. Gancayco, First Division]. [123] Id. at 530-531. [124] Olaybar v. National Labor Relations Commission, 307 Phil. 847, 852 (1994) [Per J. Bellosillo, First Division]. [125] Principe v. Philippine-Singapore Transport Services, Inc., 257 Phil. 522, 530 (1989) [Per J. Gancayco, First Division]. [126] CIVIL CODE, art. 2208(8) provides: Article 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: ... (8) In actions for indemnity under workmen's compensation and employer's liability laws; DISSENTING OPINION GESMUNDO, J: The undersigned most respectfully registers his dissent to the majority and the ponencia's collective opinion as regards the award of full death benefits in favor of seafarer Junlou H. Castillon's (Castillon) heirs. The striking facts which call for a re-assessment of the majority's position are enumerated as follows: 1) Castillon was [onboard] M/V Amethyst Ace from February 23, 2009 to September 3, 2009 which translates to one hundred and ninety-two (192) days or roughly six (6) months and eleven (11) days.[1] 2) In June 2009, roughly four (4) months aboard the vessel, Castillon complained of intermittent mild stomach pains but he dismissed the same as an ordinary discomfort.[2] 3) After being repatriated, Castillon was diagnosed with "Sigmoid Colon Carcinoma Stage III.B" (colon cancer).[3] https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66406 26/35