SECOND DIVISION
[G.R. No. 242098. July 29, 2019.]
HEIRS OF THE LATE JOHN I. HENARES, REPRESENTED BY THE SURVIVING SPOUSE, MELDA JUANGA HENARES, petitioners, vs.BRIGHT MARITIME CORPORATION/DESIREE P. SILLAR/PRESIDENT AND/OR STAMFORD NAVIGATION, INC., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated29 July 2019which reads as follows:
"G.R. No. 242098(Heirs of the late John I. Henares, represented by the surviving spouse, Melda Juanga Henares v. Bright Maritime Corporation/Desiree P. Sillar/President and/or Stamford Navigation, Inc.)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the April 17, 2018 Decision 2 and the September 18, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 141094 for failure of petitioners Heirs of the late John I. Henares (John), represented by the surviving spouse, Melda Juanga Henares (petitioners), to sufficiently show that the CA committed any reversible error in upholding the dismissal of their complaint 4 for death benefits.
As correctly ruled by the CA, there is no basis to award the death benefits provided under Section 20 (B) (1) 5 of the 2010 Philippine Overseas Employment Administration-Standard Employment Contract, 6 since John was repatriated not because of any illness but because of the expiration of his contract of employment. 7 Besides, petitioners failed to establish a reasonable connection between John's work as a fitter and his lung cancer for his resulting death to be compensable in accordance with Section 32-A 8 thereof. 9
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 11-27.
2.Id. at 34-47. Penned by Associate Justice Pedro B. Corales with Associate Justices Rosmari D. Carandang (now a member of this Court) and Elihu A. Ybañez, concurring.
3.Id. at 58-59.
4. See Amended Complaint dated March 26, 2014; id. at 99-100.
5. Section 20. COMPENSATION AND BENEFITS. —
xxx xxx xxx
B. COMPENSATION AND BENEFITS FOR DEATH
1. In case of work-related death of the seafarer, during the term of his contract, the employer shall pay his beneficiaries the Philippine currency equivalent to the amount of Fifty Thousand US dollars (US$50,000) and an additional amount of Seven Thousand US dollars (US$7,000) to each child under the age of twenty-one (21) but not exceeding four (4) children, at the exchange rate prevailing during the time of payment[.]
6. POEA Memorandum Circular No. 10, Series of 2010, entitled "AMENDED STANDARD TERMS AND CONDITIONS GOVERNING THE OVERSEAS EMPLOYMENT OF FILIPINO SEAFARERS ON-BOARD OCEAN-GOING SHIPS" dated October 26, 2010.
7. See rollo, p. 43.
8. Section 32-A. OCCUPATIONAL DISEASES. —
For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied:
1. The seafarer's work must involve the risks described herein;
2. The disease was contracted as a result of the seafarer's exposure to the described risks;
3. The disease was contracted within a period of exposure and under such other factors necessary to contract it; and
4. There was no notorious negligence on the part of the seafarer.
9. See rollo, pp. 44-46.