5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly employment with respondents, without any indication or allegation of risk factors in the nature of his work. In sum, absent of any substantial proof of the causal connection between the disease of Talosig and his work, this Court cannot grant death benefits to his heirs based on mere presumptions. WHEREFORE, premises considered, the instant Petition is DENIED. SO ORDERED. Leonardo-De Castro, Bersamin, Villarama, Jr., and Reyes, JJ., concur. [1] Rollo, pp. 22-42. [2] Id. at 44-52; penned by Associate Justice Manuel M. Barrios and concurred in by Associate Justices Mario L. Guariña III and Apolinario D. Bruselas, Jr. [3] Id. at 54-55. [4] CA rollo, p.63. [5] http://www.poea.gov.ph/docs/sec.pdf (visited 7 May 2014). [6] CA Decision states that Talosig was repatriated on 24 December 2006; rollo, p. 45. [7] Annex “G” of the Petition for Review on Certiorari, Medical Abstract from CSMC, id. at 61. [8] An undated and unauthenticated medical report attached as Annex “J” states that his date of death is 28 June 2006. The CA Decision, on the other hand, states that he died on 6 July 2006. However, the Medical Abstract of CSMC states that Talosig was admitted on 13 June 2006 and died 16 days thereafter. [9] Annex “I;” rollo, p. 64. [10] CA rollo, pp. 123-131. [11] Rollo, pp. 28-29. [12] Section 2 of the POEA Standard Employment Contract, provides that the employment contract between the employer and the seafarer shall commence upon the actual departure of the seafarer from the airport or seaport in the point of hire. However, both parties never alleged the actual departure of Talosig from the point of hire in Manila. Thus, it may be presumed that the departure from point of hire was sometime between the execution of the Contract of Employment on 22 August 2005 and the time he boarded the vessel MS Zuiderdam on 26 August 2005. [13] SECTION 18. TERMINATION OF EMPLOYMENT xxxx B. The employment of the seafarer is also terminated when the seafarer arrives at the point of hire for any of the following reasons: 1. when the seafarer signs-off and is disembarked for medical reasons pursuant to Section 20 (B)[5] of this Contract. [14] SECTION 20. COMPENSATION AND BENEFITS xxxx elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57242 5/6