x x x x the seaman shall submit himself to a post-employment medical examination by the company-designated physician within three working days upon his return, except when he is physically incapacitated to do so, in which case a written notice to the agency within the same period is deemed as compliance. Failure of the seaman to comply with the mandatory requirement shall result in his forfeiture of the right to claim the above benefits (underscoring supplied). Admittedly, Faustino Inductivo did not subject himself to post-employment medical examination within three (3) days from his return to the Philippines, as required by the above provision of the POEA standard employment contract. But such requirement is not absolute and admits of an exception, i.e., when the seaman is physically incapacitated from complying with the requirement. Indeed, for a man who was terminally ill and in need of urgent medical attention one could not reasonably expect that he would immediately resort to and avail of the required medical examination, assuming that he was still capable of submitting himself to such examination at that time. It is quite understandable that his immediate desire was to be with his family in Nueva Ecija whom he knew would take care of him. Surely, under the circumstances, we cannot deny him, or his surviving heirs after his death, the right to claim benefits under the law. Similarly, neither could private respondent Elizabeth Inductivo be expected to have thought of, much less had the leisure of time to travel all the way to Manila, to notify petitioners of her husbands condition. Her primary concern then was to take care of her husband who was at the brink of death. At any rate, it appears that in early February 1994 private respondent went to petitioners to claim the balance of her husbands leave wages. She then informed petitioners of the condition of her husband as well as his confinement in a hospital, and inquired about the sickness benefits she intended to claim. This was more than sufficient actual notice to petitioners. It is relevant to state that the POEA standard employment contract is designed primarily for the protection and benefit of Filipino seamen in the pursuit of their employment on board oceangoing vessels. Its provisions must, therefore, be construed and applied fairly, reasonably and liberally in favor or for the benefit of the seamen and their dependents. Only then can its beneficent provisions be fully carried into effect. Finally, petitioner WALLEM SERVICES as manning agent is jointly and severally liable with its principal, WALLEM MANAGEMENT, for the claims of the heirs of Faustino Inductivo in accordance with Sec. 1, Rule II of the POEA Rules and Regulations.ix[9] WHEREFORE, the petition is DISMISSED. The assailed Resolutions of public respondent National Labor Relations Commission dated 30 June 1997 and 29 August 1997, respectively dismissing petitioners appeal for lack of merit and denying reconsideration thereof, are AFFIRMED. Petitioners are ordered to pay, jointly and severally, the following amounts to private respondent for herself and in her capacity as guardian of her two (2) minor children: US$50,000.00 as death benefits; US$14,000.00 as children's allowances; and US$1,000.00 as burial expenses. Costs against petitioners.