4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly On October 17, 2008, the NLRC rendered its Resolution,[10] the decretal portion of which reads: WHEREFORE, premises considered, Respondent's appeal is DISMISSED for lack of merit, while Complainant's appeal is partly GRANTED. The Labor Arbiter's assailed decision in the above-entitled case is hereby MODIFIED. In addition to the award of FIFTY THOUSAND U.S. DOLLARS (US$50,000.00) as death benefits and ONE THOUSAND U.S. DOLLARS (US$1,000.00) as burial expenses, Respondents are jointly and severally liable to Complainant for attorney's fees equivalent to ten percent (10% ) of her total monetary award, to be paid in Philippine Currency equivalent to the exchange rate prevailing during the time of payment.[11] The NLRC affirmed the LA's finding that AB Sy's death was compensable, saying that if not for his employment with respondents, he would have been in some other place and would not have been enjoying any employment benefit of shore leave in Jakarta, Indonesia on that fateful day; that if not for said employment, he would not have gone to the riverside and urinate, and would not have accidentally fallen into the river and drowned. It found petitioner entitled to an award of attorney's fees, since she was constrained to hire the services of a lawyer to protect her rights but found no basis for the grant of moral and exemplary damages. Respondents filed their Motion for Reconsideration, which the NLRC denied in a Resolution[12] dated December 8, 2008. Respondents filed a petition for certiorari with the CA to which petitioner was required to file her Comment, but failed to do so. In the meantime, petitioner moved for the execution of the NLRC Resolution. On March 5, 2009, petitioner executed an Affidavit[13] stating that she had received from respondents the sum of two million six hundred ninety-one thousand one hundred seventy-three pesos and 10/100 (P2,691,173.10) as conditional payment of all her claims against respondents; and that the payment was made to prevent further execution proceedings she initiated with the NLRC and without prejudice to respondents' petition then pending with the CA. On September 17, 2009, the CA rendered its assailed Decision, the dispositive portion of which reads: WHEREFORE, the petition is hereby GRANTED. The NLRC's Decision dated October 17, 2008 and Resolution dated December 8, 2008 in NLRC LAC No. 10-000256-07 are hereby REVERSED. Accordingly, the complaint in NLRC NCR OFW Case No. (M) 06-03-00821-00 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55544 3/8