Petitioners denied liability and averred that, at the time of his application,
Lutero expressly declared in his application form that he did not, in the past and at
that time, have any illness; that during his PEME, he answered “no” to the listed
medical conditions and to the question if he was taking any medication;9[9] that on
the basis of his representation, he was declared fit to work and subsequently
commenced employment; that after his repatriation, Lutero reported to
Interorient’s office on April 20, 1999, and when asked about the circumstances of
his illness, he admitted that he had a preexisting ailment at the time of his
application and deployment, and discharged petitioners from liabilities arising
from said preexisting illness by virtue of his Acknowledgment 10[10] and
Undertaking;11[11] that thereafter, nothing was heard from Lutero until February
2000, when he submitted to Interorient a medical certificate12[12] of fitness to
work issued by his private doctor, Dr. Ozaraga; that respondent was not entitled to
her claims because Lutero died after the expiration of the term of the contract; that
Lutero failed to disclose his preexisting illness at the time of his engagement; and
that, following his repatriation, he acknowledged his preexisting illness.
On January 13, 2004, the Labor Arbiter (LA) denied respondent's claims,
holding that she was not entitled thereto because Lutero’s death did not occur
9[9]
Id. at 112-114.
10[10]
Id. at 115.
11[11]
Id. at 116.
12[12]
Id. at 117.