Professional Documents
Culture Documents
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* THIRD DIVISION.
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PERALTA, J.:
This is a Petition for Review on Certiorari under Rule 45
of the Rules of Court seeking the reversal of the Decision1
dated July 8, 2004 and Resolution2 dated January 17, 2005
of the Court of Appeals (CA) in CAG.R. SP No. 79966,
setting aside the Resolutions dated February 20, 20033 and
July 31, 20034 of the National Labor Relations Commission
(NLRC), which affirmed in toto the Decision5 dated
February 12, 2002 of the Labor Arbiter.
The facts, as culled from the records, are as follows:
Respondent Editha Teringtering (Teringtering), spouse
of deceased Jacinto Teringtering (Jacinto), and in behalf of
her minor child, filed a complaint against petitioner
Crewlink, Inc. (Crewlink), and its foreign principal Gulf
Marine Services for the payment of death benefits, benefit
for minor child, burial assistance, damages and attorney’s
fees.
Respondent alleged that her husband Jacinto entered
into an overseas employment contract with Crewlink, Inc.
for and
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1 Penned by Associate Justice Arcangelita M. RomillaLontok, with
Associate Justices Rodrigo V. Cosico and Danilo B. Pine, concurring; Rollo,
pp. 4047.
2 Id., at pp. 4950.
3 CA Rollo, pp. 2737.
4 Id., at pp. 3839.
5 Id., at pp. 2126.
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jump again to the sea. And that time the wind NW 1014 kts. and
strong current. And the second Engr. jump to the sea with life
ring to recover Mr. Jacinto Tering Tering 2300 hrs. We recovered
Mr. Jacinto Tering Tering onboard the vessel and apply
Respiration Kiss of life Mouth to Mouth, And proceed to Nasr
Complex to take doctor.
2320 hrs. A/side Nasr Complex boatlanding and the doctor on
board to check the patient. 2330 hrs. As per Nasr Complex Doctor
the patient was already dead. Then informed to GMS personnel
about the accident.
I Captain Oscar C. Morado certify this report true and correct
with the best of my knowledge and reserve the right, modify,
ratify and/or enlarge this statement at any time and place,
According to the law.6
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6 Id., at p. 93.
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I
WHETHER A SPECIAL CIVIL ACTION OF CERTIORARI
INCLUDES CORRECTION OF THE NLRC’S EVALUATION OF
THE EVIDENCE AND FACTUAL FINDINGS BASED
THEREON OR CORRECTION OF ERRORS OF FACTS IN THE
JUDGMENT OF THE NLRC;
II
WHETHER THE NEGLIGENT ACTS OF SUPPOSEDLY
FAILING TO TAKE SUCH MEASURES FOR THE COMFORT
AND SAFETY OF THE DECEASED SEAFARER, AMONG
OTHERS, WHICH WERE ESPECIALLY EMPHASIZED IN THE
ASSAILED CA DECISION AND WHICH ACTUALLY
REFERRED TO ACTS COMMITTED BY THE SHIPMATES OF
THE DECEASED, BUT POSITIVELY ATTRIBUTED TO
PETITIONERS AND FOR WHICH THE LATTER ARE NOW
BEING HELD LIABLE—ARE IN THE NATURE OF AN
ENTIRELY DIFFERENT SOURCE OF OBLIGATION THAT IS
PREDICATED ON QUASIDELICT OR TORT AS PROVIDED
UNDER OUR CIVIL LAWS AND, THUS, HAS NO REFERENCE
TO OUR LABOR CODE;
III
WHETHER THE DEATH OF SEAFARER IN THIS CASE WAS A
RESULT OF A DELIBERATE/WILLFUL ACT ON HIS OWN
LIFE, AN ACT DIRECTLY ATTRIBUTABLE TO THE
DECEASED, AND
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7 Rollo, p. 46.
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x x x x
6. No compensation shall be payable in respect of any
injury, incapacity, disability or death resulting from a
willful act on his own life by the seaman, provided,
however, that the employer can prove that such injury,
incapacity, disability or death is directly attributable to
him. (Emphasis ours)
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8 People v. Florendo, G.R. No. 136845, October 8, 2003, 413 SCRA 132,
139; 459 Phil. 470, 478479 (2003).
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9 Panganiban v. Tara Trading Shipmanagement, Inc., and Shinline
SDN BHD, G.R. No. 187032, October 18, 2010, 633 SCRA 353, 369.
** Designated Acting Member, per Special Order No. 1299 dated
August 28, 2012.
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