6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly 1. In case of death of the seafarer during the term of his contract, the employer shall pay his beneficiaries the Philippine Currency equivalent to the amount of Fifty Thousand US dollars (US$50,000) and an additional amount of Seven Thousand US dollars (US$7,000) to each child under the age of twenty-one (21) but not exceeding four (4) children at the exchange rate prevailing during the time of payment. xxxx D. No compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting from his willful or criminal act or intentional breach of his duties, provided however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to the seafarer. The general rule is that the employer is liable to pay the heirs of the deceased seafarer for death benefits once it is established that he died during the effectivity of his employment contract. However, the employer may be exempted from liability if he can successfully prove that the seafarer's death was caused by an injury directly attributable to his deliberate or willful act.[6] In sum, respondents' entitlement to any death benefits depends on whether the evidence of the petitioners suffices to prove that the deceased committed suicide; the burden of proof rests on his employer.[7] Petitioners insist that respondents are not entitled to death benefits because Salvador committed suicide. As proof, they presented the Death Certificate issued by Dr. Butchi Raju stating that Salvador was suspected to have committed suicide; the post-mortem examination results stating that the deceased appeared to have died of "ASPHYXIA DUE TO HANGING"; the Indian Police Inquest Report also stating that he died due to hanging; the affidavit of the nurse on duty of Seven Hills hospital, Ms. P. V. Ramanamma, wherein she stated that as the entrance doors to the bathroom main room was bolted from the inside and no other person was in the near physical vicinity of the deceased, it was concluded that seafarer committed suicide; as well as photos taken immediately after the discovery of the body with a belt around his neck. They contend that the appellate court erred in disregarding these pieces of evidence which convincingly rule out suspicions of foul play. The petition is impressed with merit. While it is settled that the Court is not a trier of facts and does not, as a rule, reexamine the evidence presented by the parties to a case, there are a number of recognized exceptions, such as when the judgment is based on a misapprehension of facts; when the findings of facts of lower courts are conflicting; or when the findings of facts are premised on the supposed absence of evidence but which are contradicted by the evidence on record.[8] In holding that Salvador did not commit suicide, the appellate court subscribed to the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/49727 4/8