The petitioners demanded the payment of death benefits from the
respondents which refused to grant the demand. The petitioners then sought the
assistance of the Associated Marine Officers’ and Seamen’s Union of the
Philippines, Eduardo’s labor union, in pursuing their claim. A series of grievance
meetings was held which proved unfruitful. With the failure of conciliation, the
petitioners proceeded to file their complaint for death compensation benefits
against the respondents with the NLRC.
THE LABOR ARBITRATION RULINGS
Labor Arbiter Jose G. de Vera (LA de Vera) dismissed the petitioners’
complaint.12[12] He held that Eduardo’s illness was pre-existing; Eduardo was
already afflicted with HIV when he boarded the respondents’ vessel. LA de Vera
noted that Eduardo admitted to Nigel Griffiths (Griffiths), a foreign nurse, that he
had concealed his condition from the respondents.
The NLRC, in its resolution of December 29, 2006,13[13] set aside LA de
Vera’s decision and ordered the respondents to pay US$60,000.00 death benefits to
12[12] Supra note 6.
13[13] Supra note 4.