date the complaints were filed until the date the cases were finally decided by the Supreme
Court.
Four (4) of these cases are summarized below as illustrative examples of the very long
period of time it took to resolve many of these OFW cases.
A.
In the case of “The Heirs of the late Delfin Dela Cruz, represented by
his spouse, Carmelita Dela Cruz vs. Philippine Transmarine Carriers, Inc.,
represented by Mr. Carlos C. Salinas and/or Tecto Belgium N.V.”25, OFWseafarer Delfin Dela Cruz fell ill while on duty on board the ship. On
December 4, 2003, he filed before the NLRC his complaint for payment of
sickness allowance and disability compensation.
On May 30, 2005, the Labor Arbiter rendered his decision in favor of
Dela Cruz awarding him US$60,000.00 representing total permanent disability
compensation, sickness allowance of US$2,140.00 plus 10% of the total
monetary award as attorney’s fees.
On January 23, 2007, the NLRC rendered its decision on appeal
reversing the decision of the Labor Arbiter. The NLRC found Dela Cruz’
claims to be barred by prescription. The NLRC also held that the causal
connection between Dela Cruz’ ailment and his working conditions was not
established. Dela Cruz’ motion for reconsideration was denied by the NLRC
in a resolution dated March 30,2007.
Aggrieved by the NLRC decision, the heirs of Dela Cruz, represented
by his spouse, Carmelita Dela Cruz, filed a petition for certiorari before the
Court of Appeals. Apparently, Dela Cruz passed away before the petition was
filed before the Court of Appeals. On June 18, 2010, the Court of Appeals
rendered its Decision dismissing the petition filed by the heirs of Dela Cruz.
Their motion for reconsideration was also denied by the Court of Appeals in a
resolution dated March 29, 2011.
Undeterred by the decision of the Court of Appeals, the heirs of Dela
Cruz elevated the case before the Supreme Court by way of petition for review
on certiorari. On April 20, 2015, the Supreme Court rendered its decision
denying the petition and affirming the decision of the Court of Appeals.
All in all, it took more than eleven (11) years, counted from the date
Dela Cruz filed his complaint before the NLRC on December 4, 2003, before
the case was finally decided by the Supreme Court. Dela Cruz passed away
while his case was pending in court. In the end, after more than 11 years of
litigation, his heirs got nothing.
B.
25
G.R. No. 196357, April 20, 2015
14