Heirs of Pasoquin v. Alster International Shipping Services, Inc.
This is a civil case decided by the Supreme Court of the Philippines in April 10, 2019. The case involves the heirs of a deceased seafarer who died due to pancreatic cancer and sought compensation from his employer, Alster International Shipping Services, Inc., Rigel Schiffahrts GMBH, and CEO Felix G. Valenzona. However, the Supreme Court affirmed the decision of the Court of Appeals denying the claim for compensation due to the lack of supporting documents to establish that the seafarer's illness was work-related. Moreover, the seafarer's death occurred after he was repatriated back to the Philippines, which is beyond the term of his employment contract.
ADVERTISEMENT
FIRST DIVISION
[G.R. No. 242421. April 10, 2019.]
HEIRS OF WILFREDO D. PASOQUIN DULY REPRESENTED BY MERCEDES M. PASOQUIN, petitioners, vs.ALSTER INTERNATIONAL SHIPPING SERVICES, INC., RIGEL SCHIFFAHRTS1GMBH, AND CEO FELIX G. VALENZONA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated April 10, 2019which reads as follows:
"G.R. No. 242421 (Heirs of Wilfredo D. Pasoquin duly represented by Mercedes M. Pasoquin v. Alster International Shipping Services, Inc., Rigel Schiffahrts GMBH, and CEO Felix G. Valenzona)
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its June 22, 2018 Decision 2 and October 1, 2018 Resolution, 3 as to warrant the exercise of the Court's appellate jurisdiction.
As correctly held by the CA, there was sheer lack of supporting documents or proof to substantiate that the deceased seafarer's pancreatic cancer was caused by his work environment. 4 Moreover, both the Philippine Overseas Employment Administration-Standard Employment Contract and the Collective Bargaining Agreement, attached to the employment contract, require that the seafarer's death happen during the term of the contract in order to be compensable. 5 Since the seafarer died after being repatriated back to the Philippines, his death cannot be considered to have happened during the term of the employment contract. 6
WHEREFORE, the petition is DENIED. The June 22, 2018 Decision and October 1, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 152589 are AFFIRMED. CAIHTE
SO ORDERED." Del Castillo, J., on official business. Jardeleza, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 3 & 8, referred to as "Schffahrts" in other parts of the rollo and in pp. 10 & 72, referred to as "Riger."
2.Id. at 36-70; penned by Associate Justice Amy C. Lazaro-Javier (now a member of this Court), with Associate Justices Fernanda Lampas Peralta and Pedro B. Corales, concurring.
3.Id. at 71.
4.Id. at 62.
5.Id. at 58-59.
6.Id. at 59.
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