Interorient Maritime Enterprises, INC vs NLRC : 115497 : September ... 5 of 7 http://sc.judiciary.gov.ph/jurisprudence/1996/sept1996/115497.htm Petitioners are in error. This Court agrees with the POEA Administrator that seaman Pineda was no longer acting sanely when he attacked the Thai policeman. The report of the Philippine Embassy in Thailand dated October 9, 1990 depicting the deceaseds strange behavior shortly before he was shot dead, after having wandered around Bangkok for four days, clearly shows [15] that the man was not in full control of his own self: (CAD) IN REPLY TO TELEX SENT TO EMBASSY BY ADM. SARMIENTO/DELA ROSA OF OWWA/DOLE RE CAUSE OF DEATH OF DECEASED SEAMAN JEREMIAS PINEDA, KINDLY ADVISE HIS OFFICE THAT SUBJECT ARRIVED BANGKOK 1515H ON BOARD XC903 ON A STOP OVER FLIGHT FROM DUBAI ON HIS WAY TO HONGKONG PROCEEDING TO MANILA. UNFORTUNATELY PINEDA FAILED TO TAKE THE SAME FLIGHT OUT AT 1630H, CHECKED OUT OF IMMIGRATION, WENT OUT OF AIRPORT AND WANDERED OUT AND FEW DAYS LATER MET HIS UNTIMELY DEMISE. PLS. REFER TO OURAD DATED 5 OCT 89 QUOTING FULL TEXT OF POLICE REPORT ADDRESSED TO THIS EMBASSY RECOUNTING INCIDENT LEADING TO FATAL SHOOTING OF PINEDA. KINDLY FURNISH OWWA/DOLE FULL TEXT OF SAID REPORT FOR THEIR INFO. PER REPORT RECEIVED FROM AIRPORT PERSONNEL PINEDA WAS ACTING STRANGELY, REFUSED TO BOARD HIS SCHEDULED FLIGHT AND DISAPPEARED FROM AIRPORT. POLICE REPORT ALSO CONFIRMED HIS STRANGE BEHAVIOR LEADING TO HIS ARREST, THEN RUNNING AMOK AND CAUSING TROUBLE TO PASSERS AND ATTEMPT TO STAB THE DUTY POLICEMAN WHO TRIED TO PACIFY HIM. PINEDA SEEMED TO HAVE BEEN SUFFERING FROM SOME MENTAL DISORDER AS CAN BE GLEANED FROM HIS PERSONAL LETTERS DISCOVERED AMONG HIS PERSONAL EFFECTS. HE COMPLAINED OF SUFFERING FROM SEVERE HEAD PAINS AND EVEN REPORTED TO CAPTAIN OF A SHIP ABOUT THREATS ON HIS LIFE BY FELLOW SEAMAN WHICH INVARIABLY LEAD (sic) TO HIS BEING REPATRIATED HOME WHICH GREATLY AFFECTED HIS DISPOSITION. SUGGEST DOLE CONTACT CAPTAIN OF M/V AMAZSON (sic) AND ASCERTAIN AS TO WHY PINEDA HAVE (sic) TO DISEMBARK AND SUBSEQUENTLY REPATRIATED. IF PINEDA WAS ALREADY SUFFERING FROM MENTAL DISORDER AS FEARED, HE SHOULD HAVE NOT BEEN ALLOWED TO TRAVEL HOME ALONE AND SHOULD HAVE BEEN ACCOMPANIED BY A PHYSICIAN. (underscoring supplied) The POEA Administrator ruled, and this Court agrees, that since Pineda attacked the Thai policeman when he was no longer in complete control of his mental faculties, the aforequoted provision of the Standard Format Contract of Employment exempting the employer from liability should not apply in the instant case. Firstly, the fact that the deceased suffered from mental disorder at the time of his repatriation means that he must have been deprived of the full use of his reason, and that thereby, his will must have been impaired, at the very least. Thus, his attack on the policeman can in no wise characterized as a deliberate, willful or voluntary act on his part. Secondly, and apart from that, we also agree that in light of the deceaseds mental condition, petitioners should have observed some precautionary measures and should not have allowed [16] said seaman to travel home alone, and their failure to do so rendered them liable for the death of Pineda. Indeed, the obligations and liabilities of the (herein petitioners) do not end upon the expiration of the contracted period as (petitioners are) duty bound to repatriate the seaman to [17] the point of hire to effectively terminate the contract of employment. The instant case should be distinguished from the case of Mabuhay, where the deceased, Romulo Sentina, had been in a state of intoxication, then ran amuck and inflicted injury upon another person, so that the latter in his own defense fought back and in the process killed 1/20/2016 12:35 PM