6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 2/8

Select target paragraph3