FIRST DIVISION
[G.R. No. 214810. January 14, 2015.]
RAY MAGBANUA, DECEASED HUSBAND OF NIDA VELEZ MAGBANUA, petitioner, vs.MARLOW NAVIGATION PHILS., INC., MARLOW NAVIGATION CO. LTD., AND ANTONIO GALVEZ, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 14, 2015which reads as follows:
"G.R. No. 214810 (Ray Magbanua, deceased husband of Nida Velez Magbanua v. Marlow Navigation Phils., Inc., Marlow Navigation Co. Ltd., and Antonio Galvez). — The petitioner's 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 a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the May 19, 2014 Decision 1 and October 9, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 124891 for failure of petitioner Nida Velez Magbanua to show that the CA committed any reversible error in upholding the denial of her claim for death and compensation benefits of her deceased husband Ray Magbanua (Magbanua) under the Philippine Overseas Employment Agency Standard Employment Contract.
As correctly ruled by the CA, Magbanua's disembarkation on August 22, 2007 severed the employer-employee relationship between him and the respondent shipping company, hence, precluding his heirs from claiming death benefits from said company. Further, the CA was also correct in ruling that Magbanua's death is not work-related, as evidenced by the Medical Abstract of Dr. Ma. Teresita P. Barrairo. 3
The National Labor Relations Commission 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.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 257-264. Penned by Associate Justice Danton Q. Bueser with Associate Justices Rodil V. Zalameda and Maria Elisa Sempio Diy, concurring.
2. Id. at 275-276.
3. Id. at 63-64. See Decision dated January 27, 2012 of the National Labor Relations Commission.