SECOND DIVISION
[G.R. No. 241982. June 3, 2019.]
MARI1GRACE P. CUBILO, IN BEHALF OF THE DECEASED HUSBAND, NORIEL M. CUBILO, petitioner, vs.MINERVA MARINE AGENCY, INC. AND/OR MINERVA MARINE, INC. AND HENRY ABELLA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 June 2019which reads as follows:
"G.R. No. 241982 (Mari Grace P. Cubilo, in behalf of the deceased husband, Noriel M. Cubilo v. Minerva Marine Agency, Inc. and/or Minerva Marine, Inc. and Henry Abella)
After a judicious study of the case, the Court resolves to DENY the instant petition 2 and AFFIRM the February 13, 2018 Decision 3 and the September 11, 2018 Resolution 4 of the Court of Appeals (CA) in CA-G.R. SP No. 140645 for failure of petitioner Mari Grace P. Cubilo (petitioner), in behalf of her deceased husband, Noriel M. Cubilo (Noriel), to sufficiently show that the CA committed any reversible error in finding that she is not entitled to work-related death compensation benefits and damages for the demise of Noriel. EcTCAD
As correctly ruled by the CA, petitioner had the burden to prove through substantial evidence her entitlement to death compensation benefits, but she failed to do so. 5 Claims for compensation cannot be based on mere speculation, conjecture, and presumptions. 6 As the CA opined, when there is no evidence on record to permit compensability, the Court has no choice but to deny the claim, lest injustice is caused to the employer. 7 Settled is the rule that the factual findings of the National Labor Relations Commission, when affirmed by the CA, are generally conclusive upon this Court. 8 Although there are exceptions to this rule, 9 none of which are applicable in this case.
SO ORDERED. (CAGUIOA, J., on official leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. "Marie" in some parts of the rollo.
2.Rollo, pp. 10-28.
3.Id. at 33-41. Penned by Associate Justice Eduardo B. Peralta, Jr. with Associate Justices Ricardo R. Rosario and Ronaldo B. Martin, concurring.
4.Id. at 42-43.
5. See id. at 38-39.
6. See Andrada v. Agemar Manning Agency, Inc., 698 Phil. 170, 184 (2012).
7. See rollo, pp. 39-40. See also Crew and Ship Management International, Inc. v. Soria, 700 Phil. 598, 613 (2012).
8. See Career Philippines Shipmanagement, Inc. v. Serna, 700 Phil. 1, 10 (2012).
9. See id.