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are hereby AFFIRMED with MODIFICATION, in that the imposition to respondent of
death benefits, minor child's allowance and burial expenses under Section 20(A) of the
POEA Contract in the total amount of USD 58,000 is DELETED. On the other hand, this
Court SUSTAINS the grant to respondent by the National Labor Relations Commission
in NLRC NCR CA NO. 049598-06 of the following amounts: PHP 47,144 as medicine and
hospitalization expenses and USD 1,540 sickness allowance under Section 20(B) of the
POEA Contract, PHP 500,000 as moral damages, and ten percent (10%) of the total
judgment award as and for attorney's fees.
SO ORDERED.
Leonardo-De Castro, Bersamin, Mendoza*, and Reyes, JJ., concur.
* Designated additional member in lieu of Associate Justice Martin S. Villarama, Jr. per
Special Order No. 1502.
[1] Rollo, pp. 9-37; Petition for Review on Certiorari tiled on 24 August 2009.
[2] Id. at 39-55; The CA Decision dated 29 April 2009 was penned by Associate Justice
Remedios A. Salazar Fernando, with Associate Justices Magdangal M. de Leon and
Ramon R. Garcia concurring.
[3] CA rollo, pp. 250-251; CA Resolution dated 29 June 2009.
[4] Rollo, p. 74; Contract of Employment dated 11 April 2003.
[5] Id. at 78, 80; His visa stamp indicates that he returned to the Philippines on 8
September 2004 although the Certification from petitioner agency states that he was
repatriated on 30 August 2004 on account of his completion of the contract.
[6] Id. at 84; Medical Certificate issued by the Philippine General Hospital dated 8
November 2004.
[7] Id. at 85; Certificate of Death issued by the Office of the Civil Registrar dated 1
March 2005.
[9] Id. at 75; Employment Contract cover page submitted to POEA.
[10] Id. at 150-159; Decision dated 31 January 2006 penned by Labor Arbiter Daisy G.
Cauton-Barcelona in NLRC-NCR OFW Case No. (M) 05-03-00572-00.
[11] Id. at 168; Notice of Appeal and Memorandum of Appeal dated 2 May 2006.
[12] Id. at 137; Sinumpaang Salaysay dated 29 November 2005.
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