SECOND DIVISION
[G.R. No. 240985. September 3, 2018.]
TORM SHIPPING PHILIPPINES, INC./TORAH SINGAPORE PVT LTD./MICHAEL M. ROGRADO, petitioners,vs. HEIRS OF ARIEL B. MANARANG, REPRESENTED BY ADELFA P. MANARANG, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 September 2018which reads as follows: HTcADC
"G.R. No. 240985 (Torm Shipping Philippines, Inc./Torah Singapore PVT Ltd./Michael M. Rogrado v. Heirs of Ariel B. Manarang, represented by Adelfa P. Manarang)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the November 20, 2017 Decision 2 and the July 10, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 147318 for failure of petitioners Torm Shipping Philippines, Inc./Torm Singapore PVT Ltd./Michael M. Rogrado (petitioners) to sufficiently show that the CA committed any reversible error in upholding the finding that respondent Ariel B. Manarang's (respondent) illness that caused his death is work-related, and in declaring his heirs, represented by Adelfa P. Manarang (respondents), entitled to death benefits.
As correctly ruled by the CA, petitioners failed to discharge the burden of disproving by substantial evidence the presumption of work-relatedness accorded to a seafarer 4 under Section 20 (A) (4) 5 of the 2010 Philippine Overseas Employment Administration-Standard Employment Contract. 6 Moreover, since respondents were able to show a significant correlation between Manarang's illness, malignant melanoma, and the nature of his work as motorman, 7 the CA cannot be faulted in declaring his eventual death to be compensable. 8 In this relation, the award of attorney's fees to respondents is likewise in order as they were clearly compelled to litigate to protect their interest. 9 It bears stressing that factual findings of the labor tribunals, when affirmed by the CA, are generally accorded not only with respect, but even finality, and thus binding upon this Court. 10
SO ORDERED." (J. REYES, JR., designated Additional Member per Special Order No. 2587 dated August 28, 2018)
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 3-21.
2.Id. at 26-38. Penned by Associate Justice Pablito A. Perez with Associate Justices Ricardo R. Rosario and Ramon A. Cruz, concurring.
3.Id. at 47-48.
4. See id. at 33.
5. Section 20 (A) (4) of the 2010 Philippine Overseas Employment Administration-Standard Employment Contract provides:
Section 20. COMPENSATION AND BENEFITS. —
A. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows:
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4. Those illnesses not listed in Section 32 of this Contract are disputably presumed work-related.
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. 34.
8. See id. at 37.
9. Article 2208 of the Civil Code reads:
Article 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except:
xxx xxx xxx
(2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest;
xxx xxx xxx
(8) In actions for indemnity under workmen's compensation and employer's liability law[.]
10. See Nahas v. Olarte, 734 Phil. 569, 580 (2014). See also Unsigned Resolution in Caboboy v. Tacloban Gleen Marketing, Inc., G.R. Nos. 231520-21, January 8, 2018.