June 2008 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
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[G.R. No. 168560 : June 23, 2008] KLAVENESS MARITIME AGENCY, INC., ET AL. V. BENEFICIARIES OF THE LATE SECOND OFFICER ANTHONY S. ALLAS, REPRESENTED BY CHERYL Z. ALLAS:
[G.R. No. 168560 : June 23, 2008]
KLAVENESS MARITIME AGENCY, INC., ET AL. V. BENEFICIARIES OF THE LATE SECOND OFFICER ANTHONY S. ALLAS, REPRESENTED BY CHERYL Z. ALLAS
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 23 June 2008:
G.R. No. 168560 (Klaveness Maritime Agency, Inc., et al. v. Beneficiaries of the Late Second Officer Anthony S. Allas, represented by Cheryl Z. Allas). � This resolves respondents� Motion for Reconsideration dated 20 February 2008 seeking the reversal of the Court�s 28 January 2008 Decision. Respondents argue that the 1996 POEA Standard Employment Contract (SEC), which neither requires proof of work relation for compensability nor contains a list of Occupational Diseases, is applicable in this case
The Court notes that respondents failed to attach a copy of the 1996 POEA SEC. That notwithstanding, and even if the provisions of the 1996 POEA SEC are applicable, the petition deserves to be granted just the same. The settled rule in jurisprudence is that for the award death benefits to be in order, the death of an employee should occur during the effectivity of the employment contract.[1] In this case, since Anthony Allas died one and a half (1 �) years after the termination of his employment, respondents, as his heirs, are not entitled to benefits by reason of his death.
WHEREFORE, for lack of substantial argument, respondents� motion for reconsideration is DENIED with FINALITY.
G.R. No. 168560 (Klaveness Maritime Agency, Inc., et al. v. Beneficiaries of the Late Second Officer Anthony S. Allas, represented by Cheryl Z. Allas). � This resolves respondents� Motion for Reconsideration dated 20 February 2008 seeking the reversal of the Court�s 28 January 2008 Decision. Respondents argue that the 1996 POEA Standard Employment Contract (SEC), which neither requires proof of work relation for compensability nor contains a list of Occupational Diseases, is applicable in this case
The Court notes that respondents failed to attach a copy of the 1996 POEA SEC. That notwithstanding, and even if the provisions of the 1996 POEA SEC are applicable, the petition deserves to be granted just the same. The settled rule in jurisprudence is that for the award death benefits to be in order, the death of an employee should occur during the effectivity of the employment contract.[1] In this case, since Anthony Allas died one and a half (1 �) years after the termination of his employment, respondents, as his heirs, are not entitled to benefits by reason of his death.
WHEREFORE, for lack of substantial argument, respondents� motion for reconsideration is DENIED with FINALITY.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] Hermogenes v. Osco Shipping Services, Inc., G.R. No. 141505, 18 August 2005, citing NFD International Manning Agents v. NLRC. 284 SCRA 239 (1998): Prudential Shipping and Management Corporation v. Sta. Rita, G.R. No. 166580, 8 February 2007, 515 SCRA 157.
