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THIRD DIVISION
DECISION
PERALTA,./.:
of Court seeking the reversal of the Decision 1 dated July H, 2004 and
2
Resolution dated January 17, 2005 of the Court of Appeals (CA) in CA-
3
G.R. SP No. 79966, setting aside the Resolutions dated February 20, 2003
4
and July 31, 2003 of the National Labor Relations Commission (NLJ{C),
Designated Acting Member, pt:r Special Order No. 12LJ9 dated August 28, 2012.
Penned by Associate Justice Arcangtlita l\1. Romilla-Lontok, wil11 Ass,>ciate Justices Rodrigo V.
Cosico and Danilo B. Pine, concurring; m!lu, pp. 40-4 7.
2
Jd. at 49-50.
CA rullu, pp. 27-37.
Id. at 38-39.
Decision -2- G.R. No. 166803
which affirmed in toto the Decision5 dated February 12, 2002 of the Labor
Arbiter.
xxxx
5
Id. at 21-26.
2040 hrs. Dropped anchor south of Nasr oilfield and standby. And
that time informed to GMS personnel about the accident, And we informed
to A/B on duty to watch Mr. Jacinto Tering Tering. 2230 hrs. The A/B
watch man informed that Mr. Jacinto Tering Tering jump again to the sea.
And that time the wind NW 10-14 kts. and strong current. And the second
Engr. jump to the sea with life ring to recover Mr. Jacinto Tering Tering.
2300 hrs. We recovered Mr. Jacinto Tering Tering onboard the vessel and
apply Respiration Kiss of life Mouth to Mouth, And proceed to Nasr
Complex to take doctor.
2320 hrs. A/side Nasr Complex boatlanding and the doctor on-
board to check the patient. 2330 hrs. As per Nasr Complex Doctor the patient
was already dead. Then informed to GMS personnel about the accident.
I Captain Oscar C. Morado certify this report true and correct with
the best of my knowledge and reserve the right, modify, ratify and/or
enlarge this statement at any time and place, According to the law.6
6
Id. at 93.
On July 8, 2004, the CA reversed and set aside the assailed Resolution
of the NLRC, the dispositive portion of which reads:
Thus, before this Court, Crewlink, Inc. and/or Gulf Marine Services,
as petitioner, raised the following issues:
I
WHETHER A SPECIAL CIVIL ACTION OF CERTIORARI INCLUDES
CORRECTION OF THE NLRC'S EVALUATION OF THE EVIDENCE
AND FACTUAL FINDINGS BASED THEREON OR CORRECTION
OF ERRORS OF FACTS IN THE JUDGMENT OF THE NLRC;
II
WHETHER THE NEGLIGENT ACTS OF SUPPOSEDLY FAILING TO
TAKE SUCH MEASURES FOR THE COMFORT AND SAFETY OF
THE DECEASED SEAFARER, AMONG OTHERS, WHICH WERE
ESPECIALLY EMPHASIZED IN THE ASSAILED CA DECISION AND
WHICH ACTUALLY REFERRED TO ACTS COMMITTED BY THE
SHIPMATES OF THE DECEASED, BUT POSITIVELY ATTRIBUTED
TO PETITIONERS AND FOR WHICH THE LATTER ARE NOW
BEING HELD LIABLE ARE IN THE NATURE OF AN ENTIRELY
DIFFERENT SOURCE OF OBLIGATION THAT IS PREDICATED ON
7
Rollo, p. 46.
III
WHETHER THE DEATH OF SEAFARER IN THIS CASE WAS A
RESULT OF A DELIBERATE/WILLFUL ACT ON HIS OWN LIFE, AN
ACT DIRECTLY ATTRIBUTABLE TO THE DECEASED, AND NO
OTHER, AS FOUND AND SO RULED BY THE LABOR ARBITER
AND NLRC, AS TO RENDER HIS DEATH NOT COMPENSABLE.
Petitioner claimed that Jacinto's death is not compensable, considering
that the latter's death resulted from his willful act. It argued that the rule that
the employer becomes liable once it is established that the seaman died
during the effectivity of his employment contract is not absolute. The
employer may be exempt from liability if he can successfully prove that the
seaman's death was caused by an injury directly attributable to his deliberate
or willful act, as in this case.
As found by the Labor Arbiter, Jacinto's jumping into the sea was not
an accident but was deliberately done. Indeed, Jacinto jumped off twice into
the sea and it was on his second attempt that caused his death. The accident
report of Captain Oscar Morado narrated in detail the circumstances that led
to Jacinto's death. The circumstances of Jacinto's actions before and at the
time of his death were likewise entered in the Chief Officer's Log Book and
were attested to by Captain Morado before the Philippine Embassy. Even
the A/B personnel, Ronald Arroga, who was tasked to watch over Jacinto
after his first attempt of committing suicide, testified that despite his efforts
to prevent Jacinto from jumping again overboard, Jacinto was determined
and even shoved him and jumped anew which eventually caused his death.
xxxx
SO ORDEfU~D.
('--'\~/'\ (1M ~
mosnA'no11. l'~':ftAi:rA
!
at,
Associ Justice
People v. Florendo, G.R. No. 136845, October 8, 2003, 413 SCI{ A 132, U<J; 45<) Phil. 470, ,ms-
479 (2003).
9
Panganiban v. lim1 liwling Shipmwwgement. Inc. awl Shinline SDN flflf), Ci.l{. No. 18 7032,
October 18, 2010, 633 SCRA 353, 369.
Decision - I 0- (i.R. No. 166803
WE CONCUR:
I
~
ROBERTO A. ABAD
Associate Justice
ATTESTATION
I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.
I
PRESBITER J. VELASCO, .JR.
"1t>ciate 1ustice
Chaiq~tson, Third Division
CERTIFICATION
'-?;\_~-;;;.~~~-~
l\1ARIA LOURDES P. A. SERENO
Chief Jus lice