G.R. No. 152214 - Equi-Asia Placement, Inc. vs. Department of Foreign Affairs

In 2007, Nomer P. Odulio was hired as a cable electrician by Al Awadh Company Trading and Contracting (Al Awadh Company) in Saudi Arabia through Eastern Overseas Employment Center, Inc. (Eastern Overseas), a Philippine-based placement agency.
His initial contract covered employment from 2007 to 2009.
Nomer continued working for Al Awadh Company after his contract expired in 2009 until he returned to the Philippines in April 2011.
On June 6, 2011, Nomer returned to Saudi Arabia as a lineman for Al Awadh Company for a 12-month employment period.
On May 19, 2012, Nomer suffered heart failure and died in the course of employment.

On January 7, 2013, the heirs of Nomer filed a complaint for payment of death benefits against Al Awadh Company, Eastern Overseas, and its officials (Juan Villablanca and Gloria Odulio Villablanca).
The heirs invoked Section 37-A of Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act), as amended by RA 10022, arguing that Nomer was an agency-hired worker covered by a compulsory insurance policy secured by Eastern Overseas.
The petitioners argued Nomer was rehired by Al Awadh Company in 2011 without Eastern Overseas’ involvement, thus he was not covered by the compulsory insurance policy.
Eastern Overseas also contended that Nomer was a worker-on-leave and directly contracted with Al Awadh Company after 2009, and that the agency’s assistance in 2011 was merely courtesy due to familial relations.
Nomer’s visa application and a Release of Claims indicated that his employment with Al Awadh Company extended beyond his initial contract and was direct without agency participation.

The LA ruled in favor of Nomer’s heirs, awarding US$10,000 plus 10% attorney’s fees.
Found that Eastern Overseas participated in processing the new employment contract in 2011, hence Nomer was agency-hired and covered by compulsory insurance.
Disbelieved the petitioners’ claim that Nomer was a worker-on-leave who returned under his previous contract.

NLRC reversed the LA’s ruling, holding that Nomer was rehired without Eastern Overseas' participation after 2009.
Ruled Nomer was a worker-on-leave returning to finish the unexpired contract, thus not covered by compulsory insurance.

The CA annulled the NLRC Decision and reinstated the LA ruling in favor of the heirs.
Found that Nomer's June 2011 deployment involved a new contract processed through Eastern Overseas, qualifying him as agency-hired and entitled to compulsory insurance coverage.

Whether Nomer P. Odulio was covered by a compulsory insurance policy when he returned to work in Saudi Arabia in June 2011 with Al Awadh Company.
Whether Nomer was an agency-hired worker, a direct-hired worker, or a rehired worker without agency participation in connection with his 2011 employment.
Whether Nomer was merely a worker-on-leave returning to finish an unexpired contract or was engaged under a new contract processed by an agency.