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    Bagong Filipinas Vs NLRC

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    Patricia Anne Soriano
    The Supreme Court of the Philippines held that the shipboard employment contract, which was executed in the Philippines and approved by the National Seamen Board, was controlling in this case over Hong Kong law. The contract provided that the beneficiaries of the deceased seaman were entitled to P20,000 "over and above the benefits" provided under Philippine law. The Court therefore reversed the National Labor Relations Commission's decision and reinstated the National Seamen Board's original award to the widow of P20,000 in disability compensation benefits plus P2,000 in attorney's fees based on the terms of the employment contract.

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    Bagong Filipinas Vs NLRC

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    Patricia Anne Soriano
    32 views1 page
    The Supreme Court of the Philippines held that the shipboard employment contract, which was executed in the Philippines and approved by the National Seamen Board, was controlling in this case over Hong Kong law. The contract provided that the beneficiaries of the deceased seaman were entitled to P20,000 "over and above the benefits" provided under Philippine law. The Court therefore reversed the National Labor Relations Commission's decision and reinstated the National Seamen Board's original award to the widow of P20,000 in disability compensation benefits plus P2,000 in attorney's fees based on the terms of the employment contract.

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    Bagong Filipinas vs NLRC

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    The Supreme Court of the Philippines held that the shipboard employment contract, which was executed in the Philippines and approved by the National Seamen Board, was controlling in this case over Hong Kong law. The contract provided that the beneficiaries of the deceased seaman were entitled to P20,000 "over and above the benefits" provided under Philippine law. The Court therefore reversed the National Labor Relations Commission's decision and reinstated the National Seamen Board's original award to the widow of P20,000 in disability compensation benefits plus P2,000 in attorney's fees based on the terms of the employment contract.

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    32 views1 page

    Bagong Filipinas Vs NLRC

    Uploaded by

    Patricia Anne Soriano
    The Supreme Court of the Philippines held that the shipboard employment contract, which was executed in the Philippines and approved by the National Seamen Board, was controlling in this case over Hong Kong law. The contract provided that the beneficiaries of the deceased seaman were entitled to P20,000 "over and above the benefits" provided under Philippine law. The Court therefore reversed the National Labor Relations Commission's decision and reinstated the National Seamen Board's original award to the widow of P20,000 in disability compensation benefits plus P2,000 in attorney's fees based on the terms of the employment contract.

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    © All Rights Reserved
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    of 1

    We hold that the shipboard employment contract is controlling in this

    case. The contract provides that the beneficiaries of the seaman are
    G.R. No. L-66006 February 28, 1985 entitled to P20,000 "over and above the benefits" for which the Philippine
    Government is liable under Philippine law.
    BAGONG FILIPINAS OVERSEAS CORPORATION and GOLDEN
    STAR SHIPPING, LTD., petitioners, Hongkong law on workmen's compensation is not the applicable law. The
    vs. case of Norse Management Co. vs. National Seamen Board, G. R. No.
    NATIONAL LABOR RELATIONS COMMISSION, PHILIPPINE 54204, September 30, 1982, 117 SCRA 486 cannot be a precedent
    OVERSEAS EMPLOYMENT ADMINISTRATION, DIRECTOR because it was expressly stipulated in the employment contract in that
    PATRICIA SANTO TOMAS and PROSERFINA PANCHO respondents. case that the workmen's compensation payable to the employee should
    be in accordance with Philippine Law or the Workmen's Insurance Law of
    the country where the vessel is registered "whichever is greater".
    Elizer A. Odulios for petitioners.
    The Solicitor General opines that the employment contract should be
    Pedro L. Linsangan for respondent P. Pancho.
    applied. For that reason, he refused to uphold the decision of the NLRC.

    WHEREFORE, the judgment of the National Labor Relations


    Commission is reversed and set aside. The decision of the National
    AQUINO, J.: Seamen Board dated February 26, 1981 is affirmed. No costs.

    The issue in this case is whether the shipboard employment contract or SO ORDERED.
    Hongkong law should govern the amount of death compensation due to
    the wife of Guillermo Pancho who was employed by Golden Star
    Shipping, Ltd., a Hongkong based firm.

    The shipboard employment contract dated June 1, 1978 was executed in


    this country between Pancho and Bagong Filipinas Overseas
    Corporation, the local agent of Golden Star Shipping. It was approved by
    the defunct National Seamen Board. Pancho was hired as an oiler in
    the M/V Olivine for 12 months with a gross monthly wage of US $195.

    In October, 1978, he had a cerebral stroke. He was rushed to the hospital


    while the vessel was docked at Gothenberg, Sweden. He was repatriated
    to the Philippines and confined at the San Juan de Dios Hospital. He died
    on December 13, 1979.

    The National Seamen Board awarded his widow, Proserfina, P20,000 as


    disability compensation benefits pursuant to the above-mentioned
    employment contract plus P2,000 as attorney's fees. Proserfina appealed
    to the National Labor Relations Commission which awarded her $621
    times 36 months or its equivalent in Philippine currency plus 10% of the
    benefits as attorney's fees. Golden Star Shipping assailed that decision
    by certiorari.

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