require that the illness must be work-related to be compensable. The unjustified
refusal of petitioners to pay their claim amounted to bad faith and malice, thus,
they are liable for damages and attorneys fees.
The petition is meritorious.
In petitions for review on certiorari, only questions of law may be raised,
the only exceptions being when the factual findings of the appellate court are
erroneous, absurd, speculative, conjectural, conflicting, or contrary to the findings
culled by the court of origin.[44] Considering the conflicting findings of the NLRC,
the CA and the Labor Arbiter, the Court is impelled to resolve the factual issues in
this case along with the legal ones.
Section 20(A)(1) and (4) (A, B and C) of the POEA Standard Employment
Contract provides:
Section 20. COMPENSATION AND BENEFITS
A. COMPENSATION AND BENEFITS FOR DEATH
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.
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4. The other liabilities of the employer when the seafarer dies as a result of injury
or illness during the term of employment are as follows:
a. The employer shall pay the deceaseds beneficiary all outstanding
obligations due the seafarer under this Contract.
b. The employer shall transport the remains and personal effects of the
seafarer to the Philippines at employers expense except if the death
occurred in a port where local government laws or regulations do not
permit the transport of such remains. In case death occurs at sea, the
disposition of the remains shall be handled or dealt with in accordance
with the masters best judgment. In all cases, the employer/master shall
communicate with the manning agency to advice for disposition of
seafarers remains.