This case has been cited 3 times or more.
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2012-06-20 |
REYES, J. |
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| The petitioners also refute in detail the applicability of the doctrines invoked by the respondents as the circumstances surrounding them do not obtain in the case at bar. In Gau Sheng Phils., Inc. v. Joaquin,[21] employment was terminated upon the parties' mutual consent and the seafarer's claim was anchored on the POEA SEC and not on the provisions of a CBA. In Hermogenes v. Osco Shipping Services, Inc.,[22] no evidence was offered to prove the cause of the early termination of the seafarer's contract. In Spouses Aya-ay, Sr. v. Arpaphil Shipping Corporation,[23] the seafarer was repatriated due to an eye injury but he died of cardiovascular arrest after his contract was already terminated. In Prudential Shipping and Management Corporation v. Sta. Rita,[24] the seafarer was repatriated due to umbilical hernia and he died ten days after with cardiopulmonary arrest as the immediate cause, acute renal failure as the antecedent cause and hepatocellular carcinoma as the underlying cause. In Klaveness Maritime Agency, Inc. v. Beneficiaries of the Late Second Officer Anthony S. Allas,[25] the seafarer was not medically repatriated. In the Estate of Posedio Ortega v. Court of Appeals,[26] the seafarer died of lung cancer and his heirs anchored their claim for death benefits on the POEA SEC, which unfortunately does not list the said illness as an occupational disease. The petitioners thus conclude that the contexts of the aforecited cases are different, hence, the doctrines enunciated therein find no application. | |||||
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2010-03-22 |
BRION, J. |
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| We emphasize that the constitutional policy to provide full protection to labor is not meant to be a sword to oppress employers. The commitment of this Court to the cause of labor does not prevent us from sustaining the employer when it is in the right.[31] We should always be mindful that justice is in every case for the deserving, to be dispensed with in the light of established facts, the applicable law, and existing jurisprudence.[32] | |||||