G.R. Nos. 182978-79
4 of 19
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/182978-79.htm
[9]
occurred at the employers premises;
that under Jasmins contract with Becmen, she is
entitled to iqama insurance coverage; that Jasmin is entitled to compensatory damages in the
amount of US$103,740.00, which is the sum total of her monthly salary of US$247.00 per
month under her employment contract, multiplied by 35 years (or the remaining years of her
productive life had death not supervened at age 25, assuming that she lived and would have
retired at age 60).
The Cuaresmas assert that as a result of Jasmins death under mysterious circumstances,
they suffered sleepless nights and mental anguish. The situation, they claim, was aggravated by
findings in the autopsy and exhumation reports which evidently show that a grave injustice has
been committed against them and their daughter, for which those responsible should likewise
be made to pay moral and exemplary damages and attorneys fees.
In their position paper, Becmen and Rajab insist that Jasmin committed suicide, citing a
prior unsuccessful suicide attempt sometime in March or April 1998 and relying on the
medical report of the examining physician of the Al-Birk Hospital. They likewise deny liability
because the Cuaresmas already recovered death and other benefits totaling P130,000.00 from
the OWWA. They insist that the Cuaresmas are not entitled to iqama insurance because this
refers to the issuance not insurance of iqama, or residency/work permit required in the KSA.
On the issue of moral and exemplary damages, they claim that the Cuaresmas are not entitled
to the same because they have not acted with fraud, nor have they been in bad faith in handling
Jasmins case.
While the case was pending, Becmen filed a manifestation and motion for substitution
alleging that Rajab terminated their agency relationship and had appointed White Falcon
Services, Inc. (White Falcon) as its new recruitment agent in the Philippines. Thus, White
Falcon was impleaded as respondent as well, and it adopted and reiterated Becmens arguments
in the position paper it subsequently filed.
[10]
dismissing the
On February 28, 2001, the Labor Arbiter rendered a Decision
complaint for lack of merit. Giving weight to the medical report of the Al-Birk Hospital
finding that Jasmin died of poisoning, the Labor Arbiter concluded that Jasmin committed
suicide. In any case, Jasmins death was not service-connected, nor was it shown that it
occurred while she was on duty; besides, her parents have received all corresponding benefits
they were entitled to under the law. In regard to damages, the Labor Arbiter found no legal
basis to warrant a grant thereof.
1/26/2016 3:50 PM