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JurisprudenceA.M. No. CA-13-51-J

Heirs of the Late Marlon A. Fabiana, [herein represented by Merlita B. Fabiana] v. Magsaysay Maritime Corp., et al.

En Banc

Cited Laws

RA 51,RA 382,RA 843,RA 559,RA 405,RA 101,RA 622,RA 618,RA 465,RA 419,RA 217,
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TL;DR — Ruling

WHEREFORE, considering all the foregoing premises, respondents are liable to pay the following to the complainants: US $82,500.00 death benefits to complainant Merlita B. Fabiana; US $16,500.00 to complainant Jomari Paul B.

Decision

Ruling

WHEREFORE, considering all the foregoing premises, respondents are liable to pay the following to the complainants: US $82,500.00 death benefits to complainant Merlita B. Fabiana; US $16,500.00 to complainant Jomari Paul B. Fabiana; Salary differentials from July 17, 2006 to April 23, 2007 computed at US $1,038 deducting the US $424.00 monthly salaries already paid by the respondents; The difference of 1,500.00 Euro contributed by fellow Filipino seafarer and US $1,000 remitted by respondents computed at the rate of exchange at the time of payment; Sick benefits from April 23, 2007 to May 11, 2007 computed at US $1,038.00 monthly salary rate; US $331.00 guaranteed overtime pay; P7,574.00 actual damages; P100,000.00 for moral damages; P1,000,000.00 exemplary damages; Ten percent (10%) attorneys fees computed on the total awards. [2] On December 10, 2008, the National Labor Relations Commission (NLRC) rendered its decision, [3] disposing: WHEREFORE, foregoing premises considered, the appeal is MODIFIED in the sense that the award of moral and exemplary damages are reduced to P50,000.00 each while the other awards are AFFIRMED. SO ORDERED.