G.R. No. 224026 , February 03, 2020
DELIA B. BORRETA AS WIDOW OF DECEASED MANUEL A. BORRETA, JR., PETITIONER, V. EVIC HUMAN RESOURCE MANAGEMENT, INC., ATHENIAN SHIP MANAGEMENT INC., AND/OR MA. VICTORIA C. NICOLAS, RESPONDENTS.

FACTS

Manuel A. Borreta, Jr. was employed as a cook on board M/V Sea Lord by respondent Evic Human Resource Management, Inc. for its foreign principal, Athenian Ship Management, Inc. On October 8, 2013, during the contract term, Manuel was found dead inside the toilet of the vessel’s hospital cabin. An investigation report by ship officers described his behavior as distraught and fearful in the days preceding his death, and he was found with a nylon cord tied around his neck. The initial Death Certificate stated the cause of death as “Under investigations.” The remains were repatriated. An NBI autopsy in the Philippines reported the cause as “CONSISTENT WITH ASPHYXIA BY LIGATURE.” A post-mortem report from a Sri Lankan medical officer concluded the cause was asphyxia due to hanging and the findings were “in keeping with self suspension.” Petitioner Delia B. Borreta, Manuel’s widow, claimed death and other benefits from the respondents. Respondents refused, contending the death was a suicide and thus not compensable under the POEA-SEC and the applicable CBA. Petitioner filed a Notice to Arbitrate before the NCMB demanding various benefits, including death compensation under the CBA, death and burial benefits under the POEA-SEC, insurance under R.A. 10022, and damages. The Panel of Voluntary Arbitrators awarded the claims. The Court of Appeals modified the decision, affirming only the $89,100.00 death benefit and P162,080.00 transportation and burial expenses, and deleting all other awards. Petitioner filed a Petition for Review before the Supreme Court.

ISSUE

Whether the Court of Appeals erred in deleting the awards for insurance proceeds, uncollected salary, overtime pay, unpaid leave credits, unpaid daily subsistence allowance, owner’s bonus, moral damages, exemplary damages, and attorney’s fees granted by the Panel of Voluntary Arbitrators.

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals’ Decision and Resolution. The Court held that the petitioner failed to sufficiently show that the CA committed any reversible error in its assailed rulings. The CA correctly found that the awards for insurance proceeds under R.A. 10022, uncollected salary, overtime pay, unpaid leave credits, unpaid daily subsistence allowance, and owner’s bonus were not supported by substantial evidence. The claim for insurance under R.A. 10022 requires death from natural or accidental causes, and suicide is excluded. The Panel’s award of moral and exemplary damages and attorney’s fees was also correctly deleted, as there was no evidence of bad faith on the part of the respondents in denying the claims; their defense of suicide was based on the investigation and post-mortem reports. The Court sustained the CA’s award of the death benefit under the CBA and the transportation and burial expenses, as the CBA provision covered death from any cause. The Court also noted procedural issues, including that the petition was filed out of time and that a second motion for reconsideration was prohibited, but nonetheless proceeded to resolve the substantive merits.