SECOND DIVISION
G.R. No. 202859, November 11, 2015
NEW FILIPINO MARITIME AGENCIES, INC., TAIYO NIPPON KISEN CO., LTD., AND ANGELINA T, RIVERA, Petitioners, v. VINCENT H. D ATAYAN -HEIR OF SIMON VINCENT H. DATAYAN III,1Respondent.
D E C I S I O N
DEL CASTILLO, J.:
As a rule, the death of a seafarer during the term of his employment makes his employer liable for death benefits. The employer, may, however, be exempt from liability if it can successfully establish that the seafarer's death was due to a cause attributable to his own willful act.2
This Petition for Review on Certiorari assails title February 22, 2012 Decision3 of the Court of Appeals (CA) in CA-G.R. SP No. 119775. The CA granted the Petition for Certiorari filed therewith and reversed and set aside the October 28, 2010 Decision4 and March 15, 2011 Resolution5 of the National Labor Relations Commission (NLRC) in NLRC LAC No. 07-000536-10, which, in turn, affirmed the May 31, 2010 Decision6 of Labor Arbiter Arden S. Anni (LA) dismissing the complaint in NLRC-NCR OFW Case No. (M)05-07052-09.
Likewise challenged is the July 24, 2012 CA Resolution7 denying the motion for reconsideration for lack of merit.
Factual Antecedents
On August 8, 2007, New Filipino Maritime Agencies, Inc. (NFMA), for and on behalf of St. Paul Maritime Corp. (SPMC), employed Simon Vincent Datayan II (Simon) as deck cadet on board the vessel Corona Infinity. His employment was for nine months with basic monthly salary of US$23 5.00.8 Prior to his deployment, Simon underwent pre-employment medical examination (PEME) and was declared fit for sea duties. On August 17, 2007, he boarded the vessel and assumed his duties as deck cadet.9
On December 30,2007, at 12:40 a.m., the Master authorized the conduct of an emergency fire drill in which the crew participated. At about 1:25 a.m., he declared that Simon jumped overboard. A futile search-and-rescue operation ensued. After a few weeks, Simon was declared missing and was presumed dead.10
Simon's father, Vincent H. Datayan (respondent), alleged that he went to NFMA to claim death benefits but his claim was unheeded.11 On May 11, 2009, he filed a complaint12 for death benefits and attorney's fees against NFMA, Taiyo Nippon Kisen Co., Ltd.,13 and Angelina T. Rivera (petitioners).
Respondent averred that because Simon died during the term of his employment, the provisions of the collective bargaining agreement (CBA) among All Japan Seamen's Union, Associated Marine Officers' and Seamen's Union of the Philippines (AMOSUP), and the International Mariners Management Association of Japan, must be applied in the grant of death benefits and burial assistance in his favor, being the heir of Simon.14
Respondent also stated that the fire drill was conducted at 12:40 a.m. where there was heavy concentration of fishing boats in the area; and during which the water temperature was expected to cause hypothermia. He asserted that petitioners were presumed to be at fault or had acted negligently, unless they could prove that Simon's death was due to causes not legally compensable.15 He declared that there was no evidence that Simon committed suicide and maintained that his death was a result of negligence and reckless instruction of the Master.16
On the other hand, petitioners alleged that on December 29/2007, the crew, except those on duty, were in the mess hall for a birthday celebration. They stated that Simon was invited by the Master to join the party but he refused.17 At about 12:40 a.m. of December 30, 2007, the Master ordered the conduct of a fire and emergency drill. After the drill, a crew meeting was held where the Master reprimanded Simon for his poor performance. They stated that Simon left even before the meeting was concluded. Thus, the Master ordered the crew to search for him. At about 1:25 a.m. to 1:30 a.m. of December 30, 2007, Raymond Ocleasa (Ocleasa) saw Simon jump overboard.18
Additionally, petitioners declared that they exerted efforts to search, locate and rescue Simon.19 They alleged that the vessel retraced its course to where he fell. The Master also informed the Japan Coast Guard about the incident. In response, the Yokohama Coastguard Patrol conducted a search-and-rescue operation to no avail.20
Petitioners also averred that during a search made on the vessel, a note from Simon was found.21
Petitioners argued that respondent had no cause of action against them because Simon's death was a result of his (Simon's) deliberate act. They insisted that based on the Philippine Overseas Employment Administration (POEA) Standard Employment Contract (SEC) and CBA, a complainant is not entitled to death benefits when the cause of the seaman's death was the latter's willful act.22 Petitioners added that the Master's Report, Statement of Facts, Marine Note of Protest and Investigation Report conclusively proved that Simon committed suicide. They stated that this conclusion was bolstered by the suicide note found on the vessel, signed by Simon himself.23
Ruling of the Labor Arbiter
On May 31, 2010, the LA dismissed the complaint.24 The LA held that Simon's suicide was established by the evidence on record. Specifically, the Master's Report, as corroborated by Simon's suicide note, showed that he voluntarily jumped overboard. The LA stated that ''the signature of the deceased seafarer in said note and in his POEA Contract would show similarity, if not identity. To say that it was fabricated or concocted will not lessen the credibility of the suicide note, absent any concrete evidence to the contrary."25cralawred
Ruling of the National Labor Relations Commission
On appeal, the NLRC affirmed the LA Decision.26 Like the LA, the NLRC gave probative weight to the suicide note, the Master's Report, along with other pieces of documentary evidence adduced, to establish that Simon committed suicide. It held that considering that the death of the seafarer was due to his willful act, then his heir is not entitled to his death benefits.
On March 15, 2011, the NLRC denied respondent's motion for reconsideration.27
Ruling of the Court of Appeals
Respondent then filed a Petition for Certiorari with the CA maintaining that there was no evidence that Simon committed suicide hence his death is compensable.
On February 22, 2012, the CA rendered the assailed Decision,28 finding for respondent, the decretal portion of which reads:chanRoblesvirtualLawlibrary
WHEREFORE, the petition for certiorari is GRANTED. The assailed October 28, 2010 Decision and March 15,2011 Resolution of public respondent are REVERSED and SET ASIDE. A new judgment is rendered ordering private respondents New Filipino Maritime Agencies, Inc. and/or Taiyo Nippon Kisen Co., Ltd. and Angelina T. Rivera to pay petitioner Vincent H. Datayan as heir of Simon Vincent H. Datayan II, the following:SO ORDERED.29ChanRoblesVirtualawlibrary
- US$50,000.00 or its Philippine currency equivalent as death benefits in accordance with the 2000 POEA Amended Standard Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean[-]Going Vessels;
- US$1,000.00 or is [sic] Philippine currency equivalent as burial assistance;
- P50,000.00 as moral damages and P25,000.00 as exemplary damages;
- Attorney's fees equivalent to 10% of the total monetary awards; and
- Legal interest on the foregoing amounts from the date of filing of the complaint until fully paid.
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- x x x the Court of Appeals committed serious, reversible error of law in awarding death benefits in favor of respondent Mr. Vincent H. Datayan II despite the ruling of this Honorable Court in the case of Reyes vs. Maxim's Tea House, that findings of fact of quasi-judicial bodies like the NLRC, particularly when they coincide with those of the Labor Arbiter and if supported by substantial evidence, are accorded respect and even finality by appellate courts.
- x x x the Court of Appeals committed serious, reversible error of law in holding that the death of the deceased seafarer was compensable as the defense of suicide was not established with substantial evidence despite the suicide note made by the deceased seafarer whose authenticity was affirmed by the Labor Arbiter and the First Division of the NLRC.32
- x x x the Court of Appeals committed serious, reversible error of law in awarding damages, attorney's fees and legal interest in favor of respondent. The award of damages and attorney's fees has no basis as the denial of respondent's claim for death benefits was done in good faith. Further, the award of legal interests has no basis in fact and in law.33
x x x WE CONDUCTED EMERGENCY FIRE DRILL AT NIGHT TIME 0040LT 30th DECEMBER 2007/ 1540TC 29th DECEMBER 2007. AFTER THE DRILL AT ABOUT 0055LT WE CONDUCTED MEETING AT CREW MESSHALL FOR MASTER'S EVALUATION AND AT THE SAME TIME SAFETY MEETING DURING EVALUATION, I STRONGLY MENTIONED ABOUT HIS (SIMON'S) BEHAVIOUR ON BOARD THE SHIP TO MOTIVATE HIM AND TO IMPROVE HIS PERFORMANCE SINCE HE IS A DECK CADET AND ABOUT TO BE PROMOTED AS ORDINARY SEAMAN x x x
x x x AFTER THE MEETING [I] OBSERVED THAT HE WAS NOT AROUND IN THE MESSHALL. KNOWING THAT HE WAS SLIGHTED I ORDER TO LOOK FOR HIM IN WHICH THE CREW COMPLIED. ONE OF THE CREW WIPER RAYMOND C. OCLEASA xxx SAW DECK CADET SIMON VINCENT H. DATAYAN II WAS STANDING [SIC] ON THE FAIRLEAD PORT QUARTER AND AT THAT POINT HE (WIPER) SAW TORCH LIGHT PASS HIS (DECK CADET) FACE AND CAUGHT HIS (DECK CADET) ATTENTION THEN WHEN HE ATTEMPTED TO JUMP, HE (WIPER) CALLED HIS NAME BUT HE (DECK CADET) JUMPED OVERBOARD. THEN WIPER WENT TO SHIP'S OFFICE AND DIAL 0 FOR PUBLIC ADDRESS AND SHOUT MANOVERBOARD PORTSIDE. BUT THAT ANNOUNCEMENT WAS NOT CLEAR ENOUGH. SO WHEN I REACH THE BRIDGE I ASKED SECOND OFFICER WHICH SIDE HE FELL OVERBOARD BUT SECOND OFFICER ALSO NOT SURE [SIC] WHICH SIDE HE FELL. IN ORDER TO RETURN I ORDERED HARD STARBOARD TO MANEUVER WILLIAMSON TURN AND RETURN TO RECIPROCAL COURSE AND DROP LIFEBOUY WITH BOUYANT SMOKE SIGNAL AND SELF IGNITING LIGHT. TURN ON ALL DECK LIGHTS AND POSTED LOOKOUTS x x x40ChanRoblesVirtualawlibrary
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0100LT Dec. 30, 2007
Dear loved ones & shipmates,
I cannot take it anymore. Sorry for letting you pay for my shortcomings. I ask you to let me end my life. I cannot bear the shame of letting you all endure all what is due me. But I happily end my life because I know it is the only [way] I can repay you [sic]. You suffered for not letting myself obey my Master for a drink [sic], of which, he commenced a drill w/out anyones [sic] idea[.]
Sayonara & God bless.w/ you always.cralawlawlibrary
Simon
Endnotes:
* Per Special Order No. 2274 elated November 10,2015,
** Per Special Order No. 2271 dated November % 2015.
1 Referred in some parts of the records as Datayan II.
2 Crewlink, Inc. v, Teringtering, G. R. No. 166803, October i 1,2012,684 SCR A 12,21.
3 CA rollo, pp. 236-232; penned by Associate Justice Hakim S. Abdulwahid and concurred in by Associate Justices Marlene Gonzales-Sison and Leoncia R. Dimagiba.
4 NLRC records, pp. 134-139; penned by Commissioner Romeo L. Go and concurred in by Presiding Commissioner Gsrardo C. Nograles and Commissioner Perlita B. Velasco.
5 Id. at 147-148.
6 Id. at 99-104.
7 CA rollo, pp. 288-289.
8 NLRC records, p. 36.
9 Id. at 15.
10 Id. at 15-16.
11 Id. at 16.
12 Id. at 1-2.
13 Per Marine Note of Protest, id. at 63, M/V Corona Infinity is a Panamanian flag vessel owned by Corona Infinity Shipholding S.A.; and managed by Taiyo Nippon Kisen Co., Ltd.
14 NLRC records, pp. 17-19, 28.
15 Id. at 18-19.
16 Id. at 20.
17 Id. at 44-45.
18 Id. at 45.
19 Id. at 92.
20 Id. at 46.
21 Id. at 47.
22 Id. at 48.
23 Id. at 51.
24 Id. at 99-104.
25 Id. at 103.
26 Id. at 134-139.
27 Id. at 147-148.
28 CA rollo, pp. 236-252.
29 Id. at 251-252.
30 Id. at 288-289.
31Rollo, p. 43-44.
32 Id. at 45.
33 Id. at 54.
34Agile Maritime Resources, Inc. v. Siador, G.R. No. 191034, October 1,2014, 737 SCRA 360, 368
35 Id. at 368-369.
36Crewlink, Inc. v. Teringtering, supra note 2.
37 Agile Maritime Resources, Inc. v. Siador, supra note 34 at 372-373.
38Crewlink, Inc. v. Teringtering, supra note 2 at 19.
39 NLRC records, p. 65.
40 Id.
41 Id. at 66-67.
42 Id. at 68-69.
43 Id. at 71-72.
44 G.R. No. 206562, January 21,2015.
45 NLRC records, p. 69.
46 Id. at 70.
47 Id.
48 Id. at 62.
49 Standard Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean Going Vessels
Section 20(D). No compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting from his willful or criminal act or intentional breach of his duties, provided however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to the seafarer.