FIRST DIVISION
[G.R. No. 241909. January 14, 2019.]
LEONIS NAVIGATION AGENCY, INC., WORLD MARINE CO. LTD., petitioners,vs. REDINTOR S. DAGOS, IN BEHALF OF REYNALDO C. DAGOS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 14, 2019, which reads as follows:
"G.R. No. 241909 (Leonis Navigation Agency, Inc., World Marine Co. Ltd. v. Redintor S. Dagos, in behalf of Reynaldo C. Dagos). — The petitioners' motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its ruling. The CA correctly affirmed the Resolutions dated October 10, 2016 and November 25, 2016 of the National Labor Relations Commission (NLRC) Eighth Division in NLRC No. MAC-07-014545-2016, ordering petitioner Leonis Navigation Agency, Inc. to pay the death benefits of the late Reynaldo C. Dagos to private respondent.
A perusal of the records shows that the findings of the NLRC are sufficiently supported by substantial evidence. It ruled that Reynaldo C. Dagos' medical condition is considered an occupational disease, which is found to be work-related as well as compensable, as required by the Philippine Overseas Employment Agency Standard Employment Contract (POEA-SEC). Reynaldo C. Dagos underwent the mandatory Pre-Employment Medical Examination wherein he was certified as fit for sea duty. After he started working, he started to show signs and symptoms of cardiac injury which eventually necessitated his medical repatriation to the Philippines for medical treatment. In fact, he suffered a stroke while performing his duties onboard the vessel. Thus, the causal relationship between the nature of his work and duties and his cerebrovascular diseases was established. Likewise, the NLRC was correct in ruling that the surviving legitimate spouse of Reynaldo C. Dagos is not an indispensable party in this case but only a necessary party. There is no law stating that only the legal spouse has the legal standing to institute a complaint to claim death benefits under the POEA-SEC. Thus, the failure to implead her will not result in the dismissal of the claim. 1
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law of the Court of Appeals Special Twenty-Third Division in Cagayan de Oro City in its Decision dated December 15, 2017 and Resolution dated August 22, 2018 in CA-G.R. SP No. 07943-MIN and AFFIRMS WITH MODIFICATION said Decision granting private respondent's claim for death benefits of the late Reynaldo C. Dagos. Petitioner is ordered to pay private respondent the amount of US$96,909.00 as death benefits, US$1,000.00 for burial expenses, and attorney's fees equivalent to 10% of the total monetary award or in their Philippine peso equivalent at the prevailing exchange rate on the actual date of payment, with interest of 6% per annum from finality of the decision until its full satisfaction.
The Court of Appeals is DELETED as party respondent in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 18-20.