5/19/2021
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Compensability of Buenaflor's Death
"The terms and conditions of a seafarer's employment, including claims for death and
disability benefits, is a matter governed, not only by medical findings, but by the
contract he entered into with his employer and the law which is deemed integrated
therein."[14] The POEA Memorandum Circular No. 10, Series of 2010, entitled 'Amended
Standard Terms and Conditions Governing the Overseas Employment of Filipino
Seafarers on Board Ocean-Going Ships,' which provides the minimum requirements
acceptable to the POEA for the employment of Filipino seafarers on board ocean-going
vessels, is deemed integrated into the employment contract that Buenaflor entered into
with petitioners. In addition, Buenaflor's employment contract is covered by the
Masterbulk Vessels Maritime Officers' Agreement 2011, which was valid from January 1,
2011 until December 31, 2012, and by the Masterbulk Vessels Maritime Officers'
Agreement 2013, which was valid from January 1, 2013 until December 31, 2014
("Masterbulk Agreement").
The CA, in deciding in favor of respondents, applied the Masterbulk Agreement, as
according to it, they are most favorable to the seafarers and are not contrary to law,
morals, public order or public policy. According to the CA, the NLRC correctly held that
the coverage of the compensation for injury or death benefits under Section 28 of the
Masterbulk Agreement is too encompassing in that it does not require that the cause of
injury or death be work-related. Section 28 of the Masterbulk Agreement pertinently
states:
28. COMPENSATION FOR INJURY OR DEATH
(1) x x x x
(2) Compensation shall be paid as stipulated in sub-clause (1) of this
clause for all injuries howsoever caused, regardless of
whether or not an officer comes within the scope of the
Work Injury Compensation Act and includes accidents arising
or not arising out of the course of his employment and accidents
arising outside the working hours of the injured or dead officer.
xxxx
(6) If an officer dies during service onboard through any case
including death from natural causes or death occurring whilst
travelling to and from the vessel, or as a result of marine or
other similar peril, the Company shall pay the maximum amount
of compensation for the affected officer as shown in Appendix IV
to this Agreement. (Emphasis and underscoring supplied)
We, however, find that the CA proceeded from an incorrect framework in deciding the
case. It is incorrect to state that the Masterbulk Agreement is most favorable to
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66498
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