Hermogenes v. Osco Shipping Services, Inc.
REITERATIONFacts
The Antecedents: The deceased, Ciriaco Hermogenes, was a seaman employed by Osco Shipping Services, Inc. (and its foreign counterpart) from 1973 to 1991. During his employment, he suffered from various ailments, including a severe gastric hemorrhage in March 1991, for which he was repatriated and treated. He was later re-employed by Osco in September 1991, but his contract was terminated in November 1991. He died in November 1994 from cardiopulmonary arrest secondary to sepsis, toxic epidermal necrolysis, pneumonia, and acute renal failure. His surviving spouse, Norma Hermogenes, filed a claim for death compensation benefits, burial assistance, and reimbursement for medical and hospitalization expenses. Procedural History: The Labor Arbiter awarded burial assistance and reimbursement for medication and hospitalization expenses but denied death benefits and attorney's fees. The National Labor Relations Commission (NLRC) affirmed this decision on appeal. The petitioner then filed a petition for certiorari directly with the Supreme Court, which was referred to the Court of Appeals (CA). The CA denied due course and dismissed the petition, and subsequently denied the motion for reconsideration. This led to the present petition for review on certiorari before the Supreme Court. The Petition: The petitioner seeks review of the CA's decision, arguing that the CA erred in dismissing her petition for certiorari and denying her motion for reconsideration. She contends that the CA disregarded the merits of her case and the clear wording of the law and contract. Specifically, she argues that the death benefits should be compensable even if death occurred after the contract's termination, as the illness was contracted during employment. Alternatively, she argues for permanent total disability compensation. The Supreme Court, however, found that the death occurred more than three years after the termination of the last employment contract and that there was insufficient evidence to prove the death was a direct result of illnesses contracted during employment. The Court also noted that the claim for disability benefits was raised for the first time before the CA, precluding its consideration on appeal.
Issue(s)
Whether the death of Ciriaco Hermogenes is compensable under the POEA Standard Employment Contract. Whether the Court of Appeals erred in denying due course to the petition for certiorari. Whether petitioner is entitled to permanent total disability compensation.
Ruling
The Supreme Court denied the petition for review on certiorari and affirmed the assailed Decision and Resolution of the Court of Appeals. The Court found that Ciriaco Hermogenes' death was not compensable under the POEA Standard Employment Contract, and the claim for permanent total disability benefits could not be raised for the first time on appeal.
Ratio Decidendi
On the compensability of Ciriaco Hermogenes' death: The Court reiterated that for a seafarer's death to be compensable, it must occur during the term of his contract of employment, as provided in Memorandum Circular No. 41, Series of 1989. In this case, Ciriaco's last contract with Osco was signed on September 14, 1991, and was supposed to end on July 14, 1992. However, it was terminated on November 9, 1991, and Ciriaco died on November 21, 1994, more than three years after his contract ended. Therefore, his death did not occur during the term of his contract. Furthermore, the Court found no substantial evidence to prove that the illnesses that caused Ciriaco's death were contracted during his last employment with Osco. The fact that he was able to secure another contract after his previous illness and repatriation indicated a recovery. The Court also noted that the specific causes of death (cardiopulmonary arrest, toxic epidermal necrolysis, pneumonia, acute renal failure) were not proven to be directly linked to his employment or the illnesses diagnosed during his previous employment. The Court emphasized that the death of a seaman several months after repatriation does not automatically mean the death is compensable unless there is a reasonable basis to support otherwise, citing Gau Sheng Phils., Inc. vs. Joaquin. On the Court of Appeals' denial of the petition for certiorari: The Court found no reversible error in the CA's decision. The CA correctly applied the prevailing law and jurisprudence regarding the compensability of death benefits for seafarers. The petitioner's argument that the CA erred in dismissing the petition without due regard to the merits was unsubstantiated, as the CA's findings were based on the evidence and the applicable contract provisions. The Court also clarified that the compensability of death is conditioned on the death occurring during the effectivity of the contract, not necessarily while on board the vessel. On the claim for permanent total disability compensation: The Court held that petitioner's claim for permanent total disability benefits could not be considered. It was noted that this issue was not raised in the affidavit-complaint filed with the labor arbiter, nor was it raised before the NLRC. The claim was only introduced in the amended petition filed with the CA. The Court reiterated the well-settled rule that issues not raised before the lower tribunals cannot be raised for the first time on appeal, as it would violate the basic rules of fair play and justice. The resolution of disability benefits requires the admission and calibration of evidence, which was not afforded to the lower tribunals.
Main Doctrine
For a seafarer's death to be compensable under the POEA Standard Employment Contract, the death must occur during the term of the contract. Furthermore, there must be substantial evidence to prove that the illness causing death was contracted during the term of employment, or that the working conditions increased the risk of contracting the illness, and that the death is a product of such illness.