6/8/2020
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Employment Contract Governing the Employment of All Filipino Seamen on Board
Ocean-Going Vessels. The case was docketed as POEA Case No. 94-08-2599.[9] Since
efforts to settle the case amicably proved futile, the Labor Arbiter (LA) directed the
parties to submit their respective position papers.
Petitioner filed its Position Paper claiming that based on Dr. Hameed's medical
jurisprudence report, Danilo committed suicide by hanging himself; thus, his death is
not compensable. Petitioner submitted a photocopy of the fax transmission of a
purported English translation of a 4-page medical jurisprudence report of Dr. Hameed
where the latter stated that the cause of Danilo's death was suicide by hanging
himself. Petitioner also submitted the written report dated September 21, 1994 of
Danilo's fellow crew members stating that Danilo's cabin door was locked, thus, they
forced open it and found Danilo inside the locker room hanging by his neck in a
kneeling position.
In his Position Paper, respondent contended that the NBI autopsy report categorically
declared that the cause of Danilo's death was Asphyxia by strangulation, ligature; that
the alleged Dr. Hameed's medical report cannot be given legal effect, since the report
was a mere photocopy of a fax transmission from petitioner's foreign principal, hence,
the document was unreliable as to its due execution and genuineness.
On November 29, 1996, the LA rendered its decision,[10] the decretal portion of which
reads:
WHEREFORE, premises considered, judgment is hereby rendered ordering
respondent Maritime Factors, Inc. and/or its foreign employer Bahrain
Marine Contracting/PANAMA to jointly and severally pay Danilo Hindang's
death benefits through his next of kin Bienvenido R. Hindang, pursuant to
the POEA Standard Contract for Seafarers, in the amount of US$50,000.00
or at its Philippine Currency equivalent at the exchange rate prevailing
during the time of payment.[11]
The LA found that Danilo did not commit suicide, thus, the claim for his death benefit
must prosper. It found, among others, that the NBI autopsy report concluding that
Danilo died of Asphyxia by strangulation should be given credence as against
petitioner's evidence which consisted of a mere photocopy of the fax transmission of
the alleged medical jurisprudence report of Dr. Hameed; that the medical report was
unreliable, since its genuineness and due execution could not be verified especially so
that the report was purportedly prepared by a foreign government officer; and that
under the POEA Standard Employment Contract for Filipino Seamen, the burden of
proof to prove non-compensability of the death of the seaman is on the employer which
petitioner failed to discharge. The LA also found that there was no proof submitted that
Danilo had been observed to be losing his mind as to kill himself.
Petitioner filed its Memorandum of Appeal[12] with the National Labor Relations
Commission (NLRC).
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/40027
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