The Collective Bargaining Agreement
The petitioners likewise cannot seek refuge from the Collective Bargaining
Agreement (CBA)23[23] executed between the respondents and the Associated
Marine Officers’ and Seamen’s Union of the Philippines, Eduardo’s sole
bargaining representative. Section 1, Article XX of this CBA reads:
The Company shall pay to the covered Seafarer’s next-of-kin
US$60,000.00 for death provided that such covered Seafarer dies while on board
the ship, or while travelling to or from the Ship. x x x If the Union has paid a
part of the death compensation in accordance with x x x SECTION 2 below, the
Company shall pay the balance remaining x x x after deducting the amounts
advanced by the Union to the Seafarer’s next-of-kin.24[24] [Emphases supplied.]
As earlier stated, Eduardo boarded the ship on March 11, 1999, and was
repatriated on June 17, 1999. He died two years later on June 9, 2001. Clearly,
Eduardo did not die on board the respondents’ ship, or while travelling to or from
the ship, so as to entitle him to death compensation under the CBA. What legal
basis the petitioners rely upon – after admitting that Eduardo died two years after
repatriation – truly escapes us.
23[23] Took effect on May 1, 1999.
24[24] Rollo, p. 85.