Interorient Maritime Enterprises, INC vs NLRC : 115497 : September ...
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http://sc.judiciary.gov.ph/jurisprudence/1996/sept1996/115497.htm
Sentina. Previous to said incident, there was no proof of mental disorder on the part of Sentina.
The cause of Sentinas death is categorized as a deliberate and willful act on his own life directly
attributable to him. But seaman Pineda was not similarly situated.
Incidentally, petitioners conjecture that the deceased could have been on drugs when he
assaulted the policeman. If this had been the case, the Thai police and the Philippine Embassy
in Bangkok would most certainly have made mention thereof in their respective reports. But they
did not do so.
Third Issue: Was Death Work-Related?
Petitioners further argue that the cause of Pinedas death is not one of the occupational
diseases listed by law, and that in the case of De Jesus vs. Employees Compensation
[18]
Commission, this Court held that x x x for the sickness and the resulting disability or death to
be compensable, the sickness must be the result of an occupational disease listed under Annex
A of the Rules (the Amended Rules on Employees Compensation) with the conditions set
therein satisfied; otherwise, proof must be shown that the risk of contracting the disease is
[19]
increased by the working conditions.
Petitioners reliance on De Jesus is misplaced, as the death and burial benefits being
claimed in this case are not payable by the Employees Compensation Commission and
chargeable against the State Insurance Fund. These claims arose from the responsibility of the
foreign employer together with the local agency for the safety of the employee during his
repatriation and until his arrival in this country, i.e., the point of hire. Though the termination of
the employment contract was duly effected in Dubai, still, the responsibility of the foreign
employer to see to it that Pineda was duly repatriated to the point of hiring subsisted. Section 4,
Rule VIII of the Rules and Regulations Governing Overseas Employment clearly provides for the
duration of the mandatory personal accident and life insurance covering accidental death,
dismemberment and disability of overseas workers:
Section 4. Duration of Insurance Coverage. -- The minimum coverage shall take effect upon payment of
the premium and shall be extended worldwide, on and off the job, for the duration of the workers contract
plus sixty (60) calendar days after termination of the contract of employment; provided that in no case
shall the duration of the insurance coverage be less than one year. (underscoring supplied)
The foreign employer may not have been obligated by its contract to provide a companion
for a returning employee, but it cannot deny that it was expressly tasked by its agreement to
assure the safe return of said worker. The uncaring attitude displayed by petitioners who,
knowing fully well that its employee had been suffering from some mental disorder, nevertheless
still allowed him to travel home alone, is appalling to say the least. Such attitude harks back to
another time when the landed gentry practically owned the serfs, and disposed of them when the
latter had grown old, sick or otherwise lost their usefulness.
WHEREFORE, premises considered, the petition is hereby DISMISSED and the Decision
assailed in this petition is AFFIRMED. Costs against petitioners.
SO ORDERED.
Narvasa, C.J. (Chairman), Davide, Jr., Melo, and Francisco, JJ., concur.
[1]
[2]
Rollo, pp. 2-17.
In NLRC NCR CA No. 004354-93; rollo, pp. 19-26.
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