Case Digest (G.R. No. 240950)
Facts:
This is Eastern Overseas Employment Center, Inc., et al. v. Heirs of the Deceased Nomer P. Odulio, G.R. No. 240950, July 29, 2020, the Supreme Court Second Division, Inting, J., writing for the Court. Petitioners are Eastern Overseas Employment Center, Inc., Al Awadh Company Trading and Contracting, Juan Villablanca (Eastern Overseas’ President) and Gloria Odulio Villablanca (Eastern Overseas’ General Manager); respondents are the heirs of Nomer P. Odulio, represented by his wife May Imbag Odulio.In 2007 Nomer was hired by Al Awadh Company in Saudi Arabia through recruitment by Eastern Overseas for a two‑year contract (2007–2009). Although his contract expired in 2009, he continued working for Al Awadh until he returned to the Philippines in April 2011. On June 6, 2011 Nomer returned to Saudi Arabia purportedly for a 12‑month engagement with Al Awadh; he suffered a fatal heart failure on May 19, 2012 while working there.
On January 7, 2013 respondents filed a complaint for payment of death benefits, invoking Section 37‑A of Republic Act No. 8042, as amended by RA 10022, arguing Nomer was an agency‑hired worker covered by a compulsory insurance policy secured by Eastern Overseas. Petitioners countered that Nomer had been rehired by Al Awadh after his 2009 contract expired without Eastern Overseas’ participation, that he was a worker‑on‑leave, and thus was not covered by compulsory agency insurance when he died; they further pointed to documents (a Release of Claims and his visa application) showing Nomer dealt directly with Al Awadh and was processed by POEA as a balik‑manggagawa.
The Labor Arbiter (LA) rendered a Decision dated July 25, 2013 awarding respondents US$10,000 plus 10% attorney’s fees, finding Nomer’s June 2011 redeployment was processed through Eastern Overseas and therefore he was agency‑hired and covered by compulsory insurance. The National Labor Relations Commission (NLRC), in its Decision dated December 27, 2013, reversed the LA, finding Nomer was rehired without Eastern Overseas’ participation and thus not covered. The Court of Appeals ...(Pro-only)
Issues:
- May the Court reexamine the factual findings in a Rule 45 petition where the factual findings of the CA and the NLRC are contradictory?
- Was Nomer P. Odulio covered by a compulsory insurance policy when he returned to wo...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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