April 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 176132 : April 25, 2012]
J-PHIL MARINE, INC. v. MA. THERESA ARCENAS-INVENTOR AND MINORS MARY ANGELOU AND CESARAHMAE, BOTH SURNAMED INVENTOR, AS HEIRS OF THE LATE GIL B. INVENTOR AND THE COURT OF APPEALS
G.R. No. 176132 (J-Phil Marine, Inc. v. Ma. Theresa Arcenas-Inventor and minors Mary Angelou and Cesarahmae, both surnamed Inventor, as heirs of the late Gil B. Inventor and the Court of Appeals)
RESOLUTION
After a perusal of the records, the Court resolves to DENY the instant petition for failure to show that the Court of Appeals committed any reversible error in adjudging petitioner J-Phil Marine, Inc. solidarily liable with Norman Shipping Services for private respondents' death benefits arising from the demise of seafarer Gil B. Inventor, as well as for his unpaid salaries from February 2, 2001 to July 3, 2001 in the amount of US $ 1,307.80 and attorney's fees equivalent to 10% of the total award. Under Section 2(A) of the Standard Terms and Conditions Governing the Employment of Filipino Seafarers On Board Ocean-Going Vessels, the employment contract between the employer and the seafarer shall be effective from the date of the latter's actual departure from the point of hire and the date of his arrival thereat upon the termination of his employment for causes under Section 18. Having failed to sufficiently show that the seafarer's employment contract had been violated or validly terminated prior to its expiry date, the manning agency remains liable with the foreign employer for the payment of compensation and other benefits under the contract in the event of the seafarer's death during its effectivity, as in this case.cralaw
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court