G.R. Nos. 182978-79
5 of 19
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/182978-79.htm
On appeal, the National Labor Relations Commission (Commission) reversed the
decision of the Labor Arbiter. Relying on the findings of the City Health Officer of Cabanatuan
City and the NBI as contained in their autopsy and toxicology report, respectively, the
[11]
Commission, via its November 22, 2002 Resolution
declared that, based on substantial
evidence adduced, Jasmin was the victim of compensable work-connected criminal aggression.
It disregarded the Al-Birk Hospital attending physicians report as well as the KSA police
report, finding the same to be inconclusive. It declared that Jasmins death was the result of an
accident occurring within the employers premises that is attributable to her employment, or to
the conditions under which she lived, and thus arose out of and in the course of her
employment as nurse. Thus, the Cuaresmas are entitled to actual damages in the form of
Jasmins lost earnings, including future earnings, in the total amount of US$113,000.00. The
Commission, however, dismissed all other claims in the complaint.
Becmen, Rajab and White Falcon moved for reconsideration, whereupon the
[12]
Commission issued its October 9, 2003 Resolution
reducing the award of US$113,000.00
[13]
The NLRC likewise declared Becmen and White
as actual damages to US$80,000.00.
Falcon as solidarily liable for payment of the award.
Becmen and White Falcon brought separate petitions for certiorari to the Court of
[14]
[15]
On June 28, 2006, the appellate court rendered its Decision,
the dispositive
Appeals.
portion of which reads, as follows:
WHEREFORE, the subject petitions are DENIED but in the execution of the decision, it
should first be enforced against White Falcon Services and then against Becmen Services when
it is already impossible, impractical and futile to go against it (White Falcon).
[16]
SO ORDERED.
The appellate court affirmed the NLRCs findings that Jasmins death was compensable,
the same having occurred at the dormitory, which was contractually provided by the employer.
Thus her death should be considered to have occurred within the employers premises, arising
out of and in the course of her employment.
Becmen and White Falcon moved for reconsideration. On May 14, 2008, the appellate
court rendered the assailed Amended Decision, the dispositive portion of which reads, as
follows:
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