DMW mulls case vs courier over Kuwait OFW cadaver mix-up

The Department of Migrant Workers (DMW) is considering filing a case against the courier or service provider allegedly responsible for mishandling the repatriation of the remains of an overseas Filipino worker (OFW) who died in Kuwait.

The remains of OFW Jenny Sanchez Alvarado finally arrived in the Philippines on Thursday, a week after her family mistakenly received the body of her Nepali co-worker.

The mix-up has raised concerns among Alvarado’s family about whether Kuwaiti authorities thoroughly investigated the circumstances of her death.

“Doon sa aspeto ng nagkaroon ng pagkakamali sa labi na inuwi a week before around January 15, pinatitingnan ko na rin sa ating abogado sa Kuwait kung ano ang kasong maisasampa natin sa potential liability nung service provider para magkaroon naman tayo ng kalinawan at possible compensation doon sa nangyari na issue ng maling pagpapauwi ng cadaver,” Migrant Workers Secretary Hans Leo Cacdac said during the Saturday News Forum in Quezon City.

(Regarding the mistake involving the remains that were repatriated about a week earlier, around January 15, I have also asked our lawyer in Kuwait to look into what case we can file concerning the potential liability of the service provider so that we can have clarity and possibly secure compensation for the issue of the erroneous repatriation of the cadaver.) 

Cacdac revealed that the service provider explained in a letter that Kuwaiti authorities assigned a name to the remains before handing them over. 

According to the letter, no family was present to confirm the identity of the remains, leaving the service provider reliant on the name provided by Kuwaiti authorities.

"At sa puntong ‘yun shinip niya na yung remains,” Cacdac added.

(At that point, the service provider shipped the remains.) 

The DMW chief emphasized that legal action was being evaluated.

“Pinatitingnan natin sa abogado natin and in due time we will file the appropriate claim and legal action with respect to the legal liability of the provider,” he said.

Cause of death doubts

According to a ''24 Oras Weekend'' report by Vonne Aquino on Saturday, their family was able to talk with a former helper employed by the sibling of Jenny’s employer, who revealed that she was mistreated.

“’Yung alaga niya po na panganay ng amo niya, pag may mali pong [nagawa], nagsusumbong po siya ng mali sa nanay niya. Parang pinagiinitan po yung nanay namin. Tapos kinukulong siya sa kwarto, tapos pinapagutom,” said Jenny’s daughter Nathania Alvarado-Fernandez.

(The eldest child of her employer always tells their mom if my mom did something wrong. It seems that they were mistreating our mom. Then they lock her in a room and starve her.)

“Pag umuuwi po ang nanay, parang kinokontrata po siya ng amo niya na ‘One week ka lang diyan. Di ko ibibigay yung buo mong sahod.’ Kasi di po binibigay ang sahod pati yung 13th month pay niya hanggang ngayon,” Nathania added.

(If mom comes home, the employer allows her to stay only for a week, and that they wouldn’t give her full salary. They still haven’t given her salary and her 13th month pay until now.)

Nathania said their family believed her mother did not die of suffocation caused by coal smoke inhalation, given the bruises on her body.

“Yung amo niya po [ang suspect], kasi mukhang hindi [suffocation] yung nangyari sa nanay namin, at yun yung paninindigan ko at ipaglalaban ko hanggang dulo,” said Nathania.

(Her employer [is the suspect], because it seems my mother did not die of suffocation, and I will fight for it until the end.)

“Nakauwi na rin sa wakas si Jenny Sanchez Alvarado at dinala sa funeral home at kahapon nagkaroon ng autopsy ang NBI (National Bureau of Investigation). Kasi ang gusto natin dito ay tingnan kung ano ba talaga ang nangyari, kung ano ang sitwasyon ng kanyang labi. Kaya’t we want to... look into whether there was foul play doon sa kanyang pagkasawi kaya’t nagkaroon ng NBI autopsy kahapon,” the DMW chief said.

(Jenny Sanchez Alvarado has finally been brought home and taken to a funeral home. Yesterday, the NBI conducted an autopsy. What we want here is to determine what happened, the condition of her remains. That’s why we want to look into whether there was foul play involved in her death, which is why the NBI conducted the autopsy yesterday.)

He added that the NBI's findings are expected to be released in the coming days, and that the DMW intends to file a case against the employers.

“Naiulat ko din na patuloy ang ating plano na magsulong ng [kaso]. Pinapasuri pa natin sa abogado at plano natin talaga na magsampa ng claim o kaso doon sa pagkakamali ng pagpapadala ng labi,” Cacdac said.

“Naibahagi ko sa kanila ang kasong kapabayaan o negligence na isasampa natin laban sa employer dahil siya ay dinala sa bahay bakasyunan at di yun ang kaniyang regular na tulugan. At pananagutin lang natin yung employer kung ano yung responsibilidad na haharapin,” he added.

The DMW is now looking into suspending the deployment of Domestic Helpers in Kuwait.

“As to whether pahihigpitin natin is another thing at sinusuri natin ngayon ano pa ang measures na dinadagdag natin para lalo pa natin masiguro ang protection ng ating OFWs at sa kung pagsusuri natin ay makakatulong ang suspension ng employment ay gagawin natin yan,” Cacdac said.

(As to whether we will tighten is another thing and we are now looking into other measures that we can add to further ensure the protection of our OFWs, and if it seems like our studies show that a suspension would help then we will do that.)

— with Jiselle Anne Casucian/DVM/VBL, GMA Integrated News