G.R. No. 116354 December 4, 1997
HEIRS OF THE LATE R/O REYNALDO ANIBAN represented by BRIGIDA P. ANIBAN, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION, PHILIPPINE TRANSMARINE CARRIERS, INC., NORWEGIAN SHIP MANAGEMENT, INC. A/S, and PIONEER INSURANCE AND SURETY CORPORATION, respondents.

FACTS

Reynaldo Aniban was employed as a radio operator (R/O) by Philippine Transmarine Carriers, Inc. (TRANSMARINE) for its foreign principal, Norwegian Ship Management A/S (NORWEGIAN), on board the vessel “Kassel.” During the term of his employment contract, R/O Aniban died due to myocardial infarction. He was survived by his pregnant wife and three minor children. His heirs, represented by his widow Brigida P. Aniban, claimed death benefits under the POEA Standard Employment Contract (US$13,000.00) and additional death benefits under a Collective Bargaining Agreement (CBA) between the Associated Marine Officers and Seamen’s Union of the Philippines and NORWEGIAN. The CBA provided for an additional US$30,000.00 plus US$8,000.00 for each child under eighteen, maximum US$24,000.00, if death was caused by an occupational injury or disease. The POEA granted the claims, ruling myocardial infarction was an occupational disease in Aniban’s case and awarded a total of US$67,000.00 in death benefits plus US$6,700.00 in attorney’s fees. On appeal, the NLRC reversed the POEA, denying the claim for additional CBA benefits on the ground that the Employees Compensation Commission (ECC) had original and exclusive jurisdiction over the claim. The NLRC also denied the motion for reconsideration.

ISSUE

1. Whether the POEA has jurisdiction to determine the claim for death benefits.
2. Whether myocardial infarction is an occupational disease entitling petitioners to the additional death benefits under the CBA.

RULING

1. Yes, the POEA had jurisdiction. At the time the complaint was filed, Article 20 of the Labor Code, as amended by E.O. Nos. 797 and 247, vested original and exclusive jurisdiction over all matters involving employer-employee relations arising from contracts of Filipino seamen for overseas employment with the POEA. The jurisdiction of the ECC applies only when the liability of the State Insurance Fund is in issue; it exercises appellate jurisdiction over decisions of the GSIS or SSS. The NLRC committed grave abuse of discretion in ruling otherwise.
2. Yes, myocardial infarction was an occupational disease in this case, making the death compensable under the CBA. The Supreme Court upheld the POEA’s factual finding that the cause of death could be considered occupational. Aniban was certified “fit to work” when hired and died three months into his contract. As a radio operator, he was required to be on call 24 hours a day, experiencing pressure and strain from receiving/transmitting messages and tracking weather, aggravated by the emotional strain of being away from his family, especially with his wife due to deliver. The Court noted that probability, not ultimate certainty, is the test of proof in compensation proceedings and that it had previously ruled death due to myocardial infarction as compensable. The award of attorney’s fees was proper under Article 111 of the Labor Code, but the amount was reduced to P50,000.00 as reasonable compensation.
The Supreme Court REVERSED and SET ASIDE the NLRC Decision and Resolution. It REINSTATED and ADOPTED the POEA Decision dated January 10, 1994, with the MODIFICATION that the award of attorney’s fees was reduced to P50,000.00.