5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly 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 5/12

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