Case Digest (G.R. No. 73441)
Facts:
Naess Shipping Philippines, Inc. v. National Labor Relations Commission and Zenaida R. Dublin, G.R. No. 73441, September 04, 1987, First Division, Narvasa, J., writing for the Court.
On September 3, 1983, while the MV DYVI PACIFIC was en route from Santos, Brazil to Port Said, Egypt, Pablo Dublin, the vessel’s chief steward and an employee of Naess Shipping Philippines, Inc. (NAESS), fatally stabbed the second cook, Rodolfo Fernandez, during a quarrel and then ran to the deck and either jumped or fell overboard. The ship raised an alarm, conducted a search; Dublin’s floating body was briefly seen and then lost from view and never recovered. There is no dispute that Dublin was employed under a contract that incorporated the Special Agreement between the International Transport Workers’ Federation (ITF) and NAESS Shipping (Holland) B.V., which provided, inter alia, “CASH BENEFITS” for loss of life: to immediate next of kin US$24,844 and to each dependent child under 18 US$7,118.
Dublin’s widow, Zenaida R. Dublin, collected P75,000 under Clause A of the ITF Collective Bargaining Agreement and then filed a complaint with the Philippine Overseas Employment Administration (POEA) seeking death benefits totaling US$74,512 under paragraph 17 of the Special Agreement (and invoking the Singapore Workmen’s Compensation Ordinance). NAESS answered, denying liability on the ground that Dublin’s death was by suicide and therefore not compensable under the Agreement. The parties agreed to submit the case to the POEA on position papers only.
The POEA ruled for the complainant, holding Dublin’s death compensable under the Special Agreement and ordering NAESS to pay complainant and her child compensation totaling US$31,962 plus US$3,196 attorneys’ fees (or their peso equivalents). NAESS filed a motion for reconsideration which the case file was referred to the National Labor Relations Commission (NLRC); the NLRC treated the motion as an appeal and affirmed the POEA decision. NAESS then filed a special civil action for certiorari w...(Pro-only)
Issues:
- Did the POEA and the NLRC commit grave abuse of discretion amounting to lack or excess of jurisdiction in adjudging Dublin’s death compensable?
- Is a death by suicide (or under the circumstances here) compensable under the employment contract incorporating the ITF Special Agreement?
- Was the award of US$3,196.00 ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)