5/28/2020
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A Petition for Certiorari was filed by petitioner with the CA. The appellate court affirmed the NLRC and held that
the death of a seafarer is compensable only if it occurs during the term of his contract of employment. Upon
Talosig’s medical repatriation, the obligation to pay the death benefits ceased in accordance with the parties’
employment contract. The CA further held, contrary to the findings of the LA, that Talosig’s illness was not one
of the occupational diseases enumerated in the POEA Standard Employment Contract for seafarers. It also
stated that petitioner failed to provide sufficient proof that the illness was reasonably connected to Talosig’s
work, or that colon cancer was an accepted occupational disease.
The appellate court likewise denied the Motion for Reconsideration filed by petitioner.
ASSIGNMENT OF ERRORS
Petitioner raises the following errors allegedly committed by the CA:
The Honorable Court of Appeals committed reversible error in the questioned decision and resolution
sufficient to warrant the exercise of this Honorable Court’s discretionary appellate jurisdiction. The
Court of Appeals gravely abused its discretion in finding that petitioner is not entitled to death
benefits under the POEA Standard Employment Contract.
The Court of Appeals made manifest error in not awarding attorney’s fees to herein petitioner.[11]
THE COURT’S RULING
The denial of petitioner’s claim is based on two grounds: (1) that at the time of his death, Talosig was no longer
under the employment of respondents; and (2) that there was neither any showing that the cause of his death
was one of those covered by the POEA Standard Employment Contract, nor was there any proof that it was
work-related.
It is undeniable that the death of a seafarer must have occurred during the term of his contract of employment
for it to be compensable.
Records show that the contract of Talosig was for the duration of 12 months commencing on the date of his
actual departure from point of hire;[12] he was, however, repatriated for medical reasons on 24 December
2005. The CA ruled that upon his repatriation, his employment was effectively terminated pursuant to Section
18 B(1) of the POEA Standard Employment Contract.[13] Parenthetically, petitioner does not question the fact of
the termination of Talosig’s employment; she alleges, though, that the obligation of respondents to the seafarer
subsists even after his repatriation.
Section 32-A of the POEA Standard Employment Contract considers the possibility of compensation for the death
of a seafarer occurring after the termination of the employment contract on account of a work-related illness.
But for death to be compensable, under this provision, the claimant must fulfill all the requisites for
compensability.
Further, petitioner is correct in that a disputable presumption in favor of the compensability of an illness suffered
by a seafarer during the term of his contract is provided under Section 20 B(4)[14] of the POEA Standard
Employment Contract. This disputable presumption works in favor of the employee pursuant to the following
mandate under Executive Order No. 247 dated 21 July 1987, under which the POEA-SEC was created: “to
secure the best terms and conditions of employment of Filipino contract workers and ensure compliance
therewith” and “to protect the well-being of Filipino workers overseas.” Hence, unless contrary evidence is
presented by the seafarer’s employer/s, this disputable presumption stands.[15]
In this case, we agree with the CA that colon cancer is not one of those types of cancer that are compensable
under Section 32 of the POEA Standard Employment Contract. We are aware that we previously ruled that
death caused by colon cancer may be compensable. In Leonis Navigation Co. Inc. v. Villamater,[16] we ruled:
It is true that under Section 32-A of the POEA Standard Contract, only two types of cancers are listed
as occupational diseases – (1) Cancer of the epithelial lining of the bladder (papilloma of the
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